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| | “Power of HMRC to disclose information for purposes of certain litigation |
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| | (1) | The Commissioners for Her Majesty’s Revenue and Customs may disclose |
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| | information held by them— |
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| | (a) | to a person who is entitled to bring proceedings under the fatal accidents |
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| | legislation or for whose benefit such proceedings may be brought, for use |
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| | in connection with the proceedings or in reaching a settlement without |
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| | the need to bring proceedings; |
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| | (b) | to a person who is entitled to bring proceedings for damages for personal |
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| | injury for the benefit of the estate of a deceased person, for use in |
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| | connection with the proceedings or in reaching a settlement without the |
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| | need to bring proceedings; |
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| | (c) | to a person who has made or who wishes to make an application for a |
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| | payment under the Diffuse Mesothelioma Payment Scheme on the basis |
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| | that he or she is eligible for such a payment under section 3 of the |
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| | Mesothelioma Act 2014 (eligibility of dependants for payments under |
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| | the Scheme), for use in connection with the application. |
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| | (2) | “The fatal accidents legislation” means— |
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| | (a) | the Fatal Accidents Act 1976; |
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| | (b) | the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. |
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| | (c) | section 4 of the Damages (Scotland) Act 2011.” |
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| | Member’s explanatory statement
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| | This amendment allows Revenue and Customs officials to disclose information HMRC holds to |
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| | persons entitled to make claims under fatal accidents legislation, to persons entitled to bring |
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| | proceedings for personal injury for the benefit of a deceased person’s estate or to persons claiming |
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| | to be eligible under section 3 of the Mesothelioma Act 2014 for a payment under the Diffuse |
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| | Mesothelioma Payment Scheme |
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| To move the following Clause— |
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| | “Combining different forms of subordinate legislation |
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| | (1) | Any provision that may be made by order, regulations or rules made by statutory |
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| | instrument may be made by any other of those forms of legislation made by |
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| | (2) | Subsection (1) does not affect the procedure for making the instrument. |
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| | (3) | A reference in any enactment or other instrument to an order, regulations or rules |
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| | under an enactment (however expressed) includes a reference to provision made |
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| | under it because of subsection (1). |
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| | (4) | Subsection (1) does not apply in relation to any power of the Welsh Ministers to |
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| | make provision by statutory instrument.” |
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| | Member’s explanatory statement
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| | This clause allows powers to make an order, regulations or rules to be used to make a combined |
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| | instrument. At the moment it is sometimes necessary to make several instruments on a single topic |
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| | because the enabling powers are expressed differently. In appropriate cases, using a single |
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| | instrument would allow the legislation to be set out in a more coherent way and in one place |
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| To move the following Clause— |
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| | |
| | In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after |
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| | “215A | Statutory periodic tenancies: deposit received before 6 April 2007 |
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| | (1) | This section applies where— |
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| | (a) | before 6 April 2007, a tenancy deposit has been received by a |
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| | landlord in connection with a fixed term shorthold tenancy, and |
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| | (b) | on or after that date, a periodic shorthold tenancy is deemed to |
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| | arise under section 5 of the Housing Act 1988 on the coming to |
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| | an end of the fixed term tenancy. |
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| | (2) | If, on the commencement date— |
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| | (a) | the periodic tenancy is in existence, and |
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| | (b) | all or part of the deposit paid in connection with the fixed term |
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| | tenancy continues to be held in connection with the periodic |
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| | | section 213 applies in respect of the deposit that continues to be held in |
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| | connection with the periodic tenancy, and any additional deposit held in |
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| | connection with that tenancy, with the modifications set out in subsection |
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| | |
| | (3) | The modifications are that, instead of the things referred to in section |
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| | 213(3) and (5) being required to be done within the time periods set out |
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| | in section 213(3) and (6)(b), those things are required to be done— |
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| | (a) | before the end of the period of 90 days beginning with the |
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| | (b) | (if earlier) before the first day after the commencement date on |
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| | which a court does any of the following in respect of the periodic |
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| | (i) | determines an application under section 214 or decides |
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| | an appeal against a determination under that section; |
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| | (ii) | makes a determination as to whether to make an order |
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| | for possession in proceedings under section 21 of the |
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| | Housing Act 1988 or decides an appeal against such a |
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| | (4) | If, on the commencement date— |
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| | (a) | the periodic tenancy is no longer in existence, or |
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| | (b) | no deposit continues to be held in connection with the periodic |
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| | | the requirements of section 213(3), (5) and (6) are treated as if they had |
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| | been complied with by the landlord in respect of any deposit that was |
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| | held in connection with the periodic tenancy. |
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| | (5) | In this section and sections 215B to 215D “the commencement date” |
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| | means the date on which section (Tenancy deposits) of the Deregulation |
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| | Act 2014 is fully in force in England and Wales. |
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| | 215B | Statutory periodic tenancies: deposit received on or after 6 April 2007 |
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| | (1) | This section applies where— |
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| | (a) | on or after 6 April 2007, a tenancy deposit has been received by |
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| | a landlord in connection with a fixed term shorthold tenancy, |
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| | (b) | the requirements of section 213(3), (5) and (6) have been |
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| | complied with by the landlord in respect of the deposit held in |
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| | connection with the fixed term tenancy, |
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| | (c) | a periodic shorthold tenancy is deemed to arise under section 5 |
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| | of the Housing Act 1988 on the coming to an end of the fixed |
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| | |
| | (d) | when the periodic tenancy arises, the deposit paid in connection |
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| | with the fixed term tenancy continues to be held— |
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| | (i) | in connection with the periodic tenancy, and |
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| | (ii) | in accordance with the same authorised scheme as when |
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| | the requirements of section 213(3), (5) and (6) were last |
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| | complied with in respect of it. |
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| | (2) | The requirements of section 213(3), (5) and (6) are treated as if they had |
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| | been complied with by the landlord in respect of the deposit held in |
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| | connection with the periodic tenancy. |
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| | 215C | Renewed fixed term or contractual periodic tenancies: deposit |
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| | received on or after 6 April 2007 |
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| | (1) | This section applies where— |
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| | (a) | on or after 6 April 2007, a tenancy deposit has been received by |
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| | a landlord in connection with a shorthold tenancy (“the original |
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| | |
| | (b) | the requirements of section 213(5) and (6) have been complied |
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| | with by the landlord in respect of the deposit held in connection |
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| | with the original tenancy, |
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| | (c) | a new fixed term or periodic shorthold tenancy (“the new |
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| | tenancy”) comes into being on the coming to an end of the |
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| | original tenancy or a tenancy that replaces the original tenancy, |
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| | (d) | the new tenancy is not one that is deemed to arise under section |
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| | 5 of the Housing Act 1988, |
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| | (e) | the new tenancy replaces the original tenancy, and |
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| | (f) | when the new tenancy comes into being, the deposit paid in |
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| | connection with the original tenancy continues to be held— |
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| | (i) | in connection with the new tenancy, and |
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| | (ii) | in accordance with the same authorised scheme as when |
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| | the requirements of section 213(5) and (6) were last |
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| | complied with in respect of it. |
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| | (2) | The requirements of section 213(5) and (6) are treated as if they had been |
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| | complied with by the landlord in respect of the deposit held in connection |
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| | (3) | The condition in subsection (1)(a) may be met in respect of a tenancy |
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| | (a) | it replaces an earlier tenancy, and |
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| | (b) | the tenancy deposit was first received in connection with the |
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| | earlier tenancy (either before or after 6 April 2007). |
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| | (4) | For the purposes of this section, a tenancy replaces another tenancy if— |
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| | (a) | the landlord and tenant under the later tenancy are the same as |
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| | under the earlier tenancy, and |
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| | (b) | the premises let under the later tenancy are the same or |
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| | substantially the same as those let under the earlier tenancy. |
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| | 215D | Sections 215A to 215C: transitional provisions |
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| | (1) | Sections 215A to 215C are treated as having had effect since 6 April |
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| | 2007, subject to the following provisions of this section. |
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| | (2) | Sections 215A to 215C do not have effect in relation to— |
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| | (a) | a claim under section 214 of this Act or section 21 of the Housing |
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| | Act 1988 in respect of a tenancy which is settled before the |
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| | commencement date (whether or not proceedings in relation to |
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| | the claim have been instituted), or |
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| | (b) | proceedings under either of those sections in respect of a tenancy |
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| | which have been finally determined before the commencement |
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| | |
| | (3) | Subsection (5) applies in respect of a tenancy if— |
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| | (a) | proceedings under section 214 in respect of the tenancy have |
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| | been instituted before the commencement date but have not been |
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| | settled or finally determined before that date, and |
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| | (b) | because of section 215A(4), 215B(2) or section 215C(2), the |
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| | (i) | not to make an order under section 214(4) in respect of |
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| | (ii) | to allow an appeal by the landlord against such an order. |
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| | (4) | Subsection (5) also applies in respect of a tenancy if— |
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| | (a) | proceedings for possession under section 21 of the Housing Act |
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| | 1988 in respect of the tenancy have been instituted before the |
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| | commencement date but have not been settled or finally |
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| | determined before that date, and |
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| | (b) | because of section 215A(4), 215B(2) or 215C(2), the court |
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| | (i) | to make an order for possession under that section in |
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| | respect of the tenancy, or |
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| | (ii) | to allow an appeal by the landlord against a refusal to |
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| | (5) | Where this subsection applies, the court must not order the tenant or any |
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| | relevant person (as defined by section 213(10)) to pay the landlord’s |
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| | costs, to the extent that the court reasonably considers those costs are |
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| | attributable to the proceedings under section 214 or (as the case may be) |
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| | section 21 of the Housing Act 1988. |
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| | (6) | Proceedings have been “finally determined” for the purposes of this |
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| | (a) | they have been determined by a court, and |
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| | (b) | there is no further right to appeal against the determination. |
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| | (7) | There is no further right to appeal against a court determination if there |
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| | is no right to appeal against the determination, or there is such a right |
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| | (a) | the time limit for making an appeal has expired without an appeal |
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| | (b) | an appeal brought within that time limit has been withdrawn.” |
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| | Member’s explanatory statement
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| | Where the tenancy deposit protection requirements have been complied with by a landlord for a |
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| | tenancy, this amendment means they do not need to be complied with again for a replacement |
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| | tenancy. Where those requirements did not apply to the first tenancy, and a replacement statutory |
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| | periodic tenancy is still in place, the amendment provides extra time for compliance. |
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| To move the following Clause— |
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| | “Short-term use of London accommodation: power to relax restrictions |
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| | (1) | The Secretary of State may by regulations made by statutory instrument make |
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| | provision for circumstances in which the use as temporary sleeping |
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| | accommodation of any residential premises in Greater London does not involve |
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| | a material change of use by virtue of section 25(1) of the Greater London Council |
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| | (General Powers) Act 1973. |
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| | (2) | Regulations under this section may also make provision for and in connection |
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| | with enabling the Secretary of State or a local planning authority to direct that |
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| | provision included in the regulations by virtue of subsection (1) does not apply to |
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| | particular residential premises or to residential premises situated in a particular |
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| | (3) | Regulations under this section may amend the Greater London Council (General |
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| | (4) | Regulations under this section may— |
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| | (a) | make different provision for different purposes; |
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| | (b) | include incidental, supplementary, consequential, transitional, transitory |
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| | (5) | A statutory instrument containing regulations under this section may not be made |
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| | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | of, each House of Parliament. |
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| | (6) | In this section, “local planning authority” has the same meaning as in the Town |
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| | and Country Planning Act 1990 (see section 336(1) of that Act).” |
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| | Member’s explanatory statement
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| | Section 25 of the Greater London Council (General Powers) Act 1973 provides that the use as |
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| | temporary sleeping accommodation of residential premises in Greater London involves a material |
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| | change of use of the premises (with the result that planning permission is required). This |
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| | amendment allows the Secretary of State to make secondary legislation specifying circumstances |
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| | when this does not apply (so that planning permission is not required). |
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| To move the following Clause— |
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| | “Electoral Commission: changes to facilitate efficient administration |
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| | (1) | Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the |
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| | Electoral Commission) is amended as follows. |
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| | (2) | Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4). |
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| | (3) | In sub-paragraph (1), after “paragraph 14” insert “in respect of the first financial |
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| | year to begin after the day on which Parliament meets for the first time following |
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| | a parliamentary general election,”. |
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| | (4) | After that sub-paragraph insert— |
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| | “(1A) | The Speaker’s Committee may require the Commission to submit a |
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| | plan under sub-paragraph (1) when the Commission submit such an |
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| | estimate as is mentioned in paragraph 14 in respect of a financial year |
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| | other than one mentioned in that sub-paragraph.” |
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| | (5) | In paragraph 16 (annual examination of Commission by Comptroller and Auditor |
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| | General), in sub-paragraph (1)— |
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| | (a) | after “paragraphs 14 and 15” insert “in respect of any year when both an |
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| | estimate under paragraph 14 and a five-year plan under paragraph 15 are |
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| | (b) | for “in each year” substitute “before the Committee consider the estimate |
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| | (6) | In the cross-heading preceding paragraph 16, for “Annual examination” |
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| | substitute “Examination”.” |
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| | Member’s explanatory statement
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| | Currently, there is an annual requirement for the Electoral Commission to produce a five-year |
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| | plan and for the Comptroller and Auditor General to provide an audit report on the Commission. |
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| | The new clause alters this so that the requirements to produce a five-year plan and an audit report |
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| | apply in respect of the first year of a new Parliament and subsequently as required by the Speaker’s |
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| To move the following Clause— |
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| | “LGBC for England: changes to facilitate efficient administration |
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| | (1) | Schedule 1 to the Local Democracy, Economic Development and Construction |
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| | Act 2009 (Local Government Boundary Commission for England) is amended as |
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| | (2) | In paragraph 5 (committees), for sub-paragraph (3) substitute— |
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