A
bill
to
Make provision for the delivery of healthy homes and neighbourhoods; to set out the principles that define a “healthy home”; to establish the office of the Healthy Homes Commissioner; and for connected purposes.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
It is the duty of the Secretary of State to secure the health, safety, wellbeing
and
convenience of persons in or about buildings and of others who may be
affected by buildings or
matters connected with buildings in England.
The Secretary of State must prepare a statement in accordance with this Act
(the “policy
statement on healthy homes principles”).
The statement must explain how the healthy homes principles are to be
interpreted and
applied by Ministers of the Crown in making, developing
and revising their policies.
The statement may explain how the principles will be implemented and
adhered to in a way
that takes account of a building development’s urban,
suburban or rural location.
In this Act “healthy homes principles” means the principles that—
all new homes should be safe in relation to the risk of fire,
all new homes should have, as a minimum, the liveable space required
to meet the needs of
people over their whole lifetime, including
adequate internal and external storage space,
all main living areas and bedrooms of a new dwelling should have
access to natural
light,
all new homes and their surroundings should be designed to be
inclusive, accessible, and
adaptable to suit the needs of all, with
particular regard to protected characteristics under
the Equality Act
2010,
all new homes should be built within places that prioritise and provide
access to
sustainable transport and walkable services, including green
infrastructure and play
space,
all new homes should secure radical reductions in carbon emissions
in line with the
provisions of the Climate Change Act 2008,
all new homes should demonstrate how they will be resilient to a
changing climate over
their full life time,
all new homes should be secure and built in such a way as to minimise
the risk of
crime,
all new homes should be free from unacceptable and intrusive noise
and light pollution,
all new homes should not contribute to unsafe or illegal levels of
indoor or ambient air
pollution and must be built to minimise, and
where possible eliminate, the harmful impacts of
air pollution on
human health and the environment, and
all new homes should be designed to provide year-round thermal
comfort for inhabitants.
The Secretary of State must prepare a draft of the policy statement on healthy
homes
principles.
The Secretary of State must consult such persons as the Secretary of State
considers
appropriate in relation to the draft statement.
The Secretary of State must lay the draft statement before Parliament.
If, before the end of the period of 21 sitting days beginning with the day after
the day on
which the draft statement is laid—
either House of Parliament passes a resolution in respect of the draft,
or
a committee of either House, or a joint committee of both Houses,
makes recommendations in
respect of the draft,
the Secretary of State must produce a response and lay it before Parliament.
The Secretary of State must lay before Parliament, and publish, the final
statement, but
not before—
if
subsection (4)
applies, the day on which the
Secretary of State lays
before Parliament the response required by that subsection, or
otherwise, the end of the period of 21 sitting days beginning with the
day after the day
on which the draft statement is laid before
Parliament.
The Secretary of State may revise the policy statement on healthy homes
principles at any
time (and
this section
applies in relation to any revised
statement).
“Sitting day” means a day on which both Houses of Parliament sit.
A Minister of the Crown must have regard to the healthy homes principles
when making,
developing or revising policies dealt with by the statement.
Relevant responsible authorities must have regard to the policy statement on
healthy homes
principles when discharging their duties under the planning,
building, and public health
acts.
“Relevant responsible authorities” include but are not limited to—
local planning authorities;
public health authorities;
urban development corporations;
new town development authorities;
the planning inspectorate;
Homes England.
The Secretary of State must prepare a progress report for each annual reporting
period.
A progress report for an annual reporting period is a report on progress made
in that
period about the extent to which all new homes approved and
completed during that period have
met the healthy homes principles under
section 2
.
A progress report must include specific consideration of how the approval
and creation of
new homes has met the needs of those with protected
characteristics under section 4 of the
Equality Act 2010.
A progress report must include consideration of how progress could be
improved.
The Secretary of State must—
arrange for the progress report to be laid before Parliament, and
publish it.
There is to be an office of the Healthy Homes Commissioner.
The Schedule
makes further provision about the Healthy Homes
Commissioner.
The Healthy Homes Commissioner’s primary function is ensuring the
promotion and
implementation of the healthy homes principles.
The primary function includes promoting awareness of the healthy homes
principles in
England.
In the discharge of the primary function the Healthy Homes Commissioner
may, in
particular—
advise persons exercising functions or engaged in activities affecting
the delivery of
homes on how to act compatibly with the healthy
homes principles;
advise the Secretary of State on the effective implementation of the
healthy homes
principles;
consider the potential effect on the healthy homes principles of
government policy
proposals and government proposals for legislation;
bring any relevant matter to the attention of either House of
Parliament;
investigate the availability and effectiveness of complaints procedures
so far as relating
to the healthy homes principles;
investigate any other matter relating to the implementation of the
healthy homes
principles;
publish a report on any matter considered or investigated under this
section.
Development plan documents must (taken as a whole) include policies
In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation
of local
development documents) after subsection (1E) insert—
“(1F)
designed to meet
the housing needs of the local planning authority’s
area in such a way as to secure the
long-term health, safety and
wellbeing of residents; and in meeting such needs planning
authorities
must have particular regard to ensuring that housing is affordable to
those
on average and below-average household incomes.”
This Act extends to England and Wales only.
This Act comes into force on the day on which it is passed.
This Act may be cited as the Healthy Homes Act 2022.
The Healthy Homes Commissioner is to be a corporation sole.
The Healthy Homes Commissioner is not to be regarded as the servant or
agent of the
Crown or as enjoying any status, immunity or privilege of the
Crown; and the
Commissioner’s property is not to be regarded as property
of, or property held on behalf
of, the Crown.
The Healthy Homes Commissioner may do anything which appears to the
Commissioner to be
necessary or expedient for the purpose of, or in
connection with, the exercise of their
functions.
In particular the Commissioner may—
co-operate with other public authorities in the United Kingdom;
enter into contracts; and
acquire, hold and dispose of any property.
The Healthy Homes Commissioner is to be appointed by the Secretary of
State.
Subject to the provisions of this paragraph, a person holds and vacates
office as the
Healthy Homes Commissioner in accordance with the terms
and conditions of appointment as
determined by the Secretary of State.
An appointment as the Healthy Homes Commissioner is for a term not
exceeding five
years.
A person who has held office as the Healthy Homes Commissioner is
eligible for
reappointment only once.
The Healthy Homes Commissioner may at any time resign by notice in
writing to the
Secretary of State.
The Secretary of State may remove the Healthy Homes Commissioner from
office if
satisfied that the Commissioner has—
become unfit or unable properly to discharge the Commissioner’s
functions, or
behaved in a way that is not compatible with continuing in office.
The Secretary of State must—
pay the Healthy Homes Commissioner such remuneration and
allowances, and
pay or make provision for the payment of such pension or gratuities
to or in respect of
the Commissioner,
as may be provided for under the terms of appointment.
The Healthy Homes Commissioner may appoint any staff that the
Commissioner considers
necessary for assisting in the exercise of his or her
functions, one of whom must be
appointed as deputy Healthy Homes
Commissioner.
During any vacancy in the office of Healthy Homes Commissioner or at
any time when the
Healthy Homes Commissioner is for any reason unable
to act, the deputy Healthy Homes
Commissioner must exercise the
Commissioner’s functions (and any property or rights vested
in the Healthy
Homes Commissioner may accordingly be dealt with by the deputy Healthy
Homes Commissioner as if vested in him or her).
Without prejudice to sub-paragraph (2), any member of the Healthy Homes
Commissioner’s
staff may, so far as authorised by the Commissioner,
exercise any of the Commissioner’s
functions.
In the Superannuation Act 1972, in Schedule 1 (kinds of employment etc
to which section
1 of that Act applies)—
in the list of “Other Bodies”, at the end insert “Employment by the
Healthy Homes
Commissioner”;
in the list of “Offices”, at the appropriate place insert “Healthy
Homes
Commissioner”.
The Secretary of State must pay to the Minister for the Civil Service, at
such times as
the Minister may direct, such sums as the Secretary of State
may determine in respect of
any increase attributable to sub-paragraph (1)
in the sums payable out of money provided
by Parliament under the
Superannuation Act 1972.
The Secretary of State may make payments to the Healthy Homes
Commissioner of such
amounts, at such times and on such conditions (if
any) as the Secretary of State considers
appropriate.
The Healthy Homes Commissioner must—
keep proper accounting records,
prepare a statement of accounts for each financial year, and
send a copy of each such statement of accounts to the Secretary of
State and the
Comptroller and Auditor General as soon as possible
after the end of the financial year
to which the statement relates.
The Comptroller and Auditor General must examine, certify and report on
each statement
of accounts sent to them under sub-paragraph (1)(c) and
must lay copies of the statement
and of report before Parliament.
In this paragraph, “financial year” means—
the period beginning with the date on which the first Healthy Homes
Commissioner is
appointed and ending with 31 March next
following that date, and
each successive period of twelve months ending with 31 March.
A document purporting to be duly executed under the seal of the Healthy
Homes
Commissioner or to be signed by him or her, or on his or her behalf,
is to be received in
evidence and, unless the contrary is proved, taken to
be so executed or signed.
For the purposes of the law of defamation—
any statement made by the Healthy Homes Commissioner in a
report published under this
Act has absolute privilege, and
any other statement made by the Healthy Homes Commissioner or
a member of the
Commissioner’s staff for the purposes of this Act
has qualified privilege.
A
bill
to
Make provision for the delivery of healthy homes and neighbourhoods; to set out the principles that define a “healthy home”; to establish the office of the Healthy Homes Commissioner; and for connected purposes.
Ordered to be Printed, .
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