House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill: 23 June 2014
192

Deregulation Bill, continued

“Power of HMRC to disclose information for purposes of certain litigation

(1)
The Commissioners for Her Majesty’s Revenue and Customs may disclose

information held by them—

(a)
to a person who is entitled to bring proceedings under the fatal accidents

legislation or for whose benefit such proceedings may be brought, for use

in connection with the proceedings or in reaching a settlement without

the need to bring proceedings;

(b)
to a person who is entitled to bring proceedings for damages for personal

injury for the benefit of the estate of a deceased person, for use in

connection with the proceedings or in reaching a settlement without the

need to bring proceedings;

(c)
to a person who has made or who wishes to make an application for a

payment under the Diffuse Mesothelioma Payment Scheme on the basis

that he or she is eligible for such a payment under section 3 of the

Mesothelioma Act 2014 (eligibility of dependants for payments under

the Scheme), for use in connection with the application.

(2)
“The fatal accidents legislation” means—

(a)
the Fatal Accidents Act 1976;

(b)
the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I.

18));

(c)
section 4 of the Damages (Scotland) Act 2011.”

Member’s explanatory statement

This amendment allows Revenue and Customs officials to disclose information HMRC holds to

persons entitled to make claims under fatal accidents legislation, to persons entitled to bring

proceedings for personal injury for the benefit of a deceased person’s estate or to persons claiming

to be eligible under section 3 of the Mesothelioma Act 2014 for a payment under the Diffuse

Mesothelioma Payment Scheme

Tom Brake

Oliver Heald

NC7

To move the following Clause—

“Combining different forms of subordinate legislation

(1)
Any provision that may be made by order, regulations or rules made by statutory

instrument may be made by any other of those forms of legislation made by

statutory instrument.

(2)
Subsection (1) does not affect the procedure for making the instrument.

(3)
A reference in any enactment or other instrument to an order, regulations or rules

under an enactment (however expressed) includes a reference to provision made

under it because of subsection (1).

(4)
Subsection (1) does not apply in relation to any power of the Welsh Ministers to

make provision by statutory instrument.”

Member’s explanatory statement

This clause allows powers to make an order, regulations or rules to be used to make a combined

instrument. At the moment it is sometimes necessary to make several instruments on a single topic

because the enabling powers are expressed differently. In appropriate cases, using a single

Consideration of Bill: 23 June 2014
193

Deregulation Bill, continued

instrument would allow the legislation to be set out in a more coherent way and in one place

Tom Brake

Oliver Heald

NC20

To move the following Clause—

“Tenancy deposits

In Chapter 4 of Part 6 of the Housing Act 2004 (Tenancy Deposit Schemes), after

section 215 insert—

“215A
Statutory periodic tenancies: deposit received before 6 April 2007

(1)
This section applies where—

(a)
before 6 April 2007, a tenancy deposit has been received by a

landlord in connection with a fixed term shorthold tenancy, and

(b)
on or after that date, a periodic shorthold tenancy is deemed to

arise under section 5 of the Housing Act 1988 on the coming to

an end of the fixed term tenancy.

(2)
If, on the commencement date—

(a)
the periodic tenancy is in existence, and

(b)
all or part of the deposit paid in connection with the fixed term

tenancy continues to be held in connection with the periodic

tenancy,


section 213 applies in respect of the deposit that continues to be held in

connection with the periodic tenancy, and any additional deposit held in

connection with that tenancy, with the modifications set out in subsection

(3).

(3)
The modifications are that, instead of the things referred to in section

213(3) and (5) being required to be done within the time periods set out

in section 213(3) and (6)(b), those things are required to be done—

(a)
before the end of the period of 90 days beginning with the

commencement date, or

(b)
(if earlier) before the first day after the commencement date on

which a court does any of the following in respect of the periodic

tenancy—

(i)
determines an application under section 214 or decides

an appeal against a determination under that section;

(ii)
makes a determination as to whether to make an order

for possession in proceedings under section 21 of the

Housing Act 1988 or decides an appeal against such a

determination.

(4)
If, on the commencement date—

(a)
the periodic tenancy is no longer in existence, or

(b)
no deposit continues to be held in connection with the periodic

tenancy,

Consideration of Bill: 23 June 2014
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Deregulation Bill, continued


the requirements of section 213(3), (5) and (6) are treated as if they had

been complied with by the landlord in respect of any deposit that was

held in connection with the periodic tenancy.

(5)
In this section and sections 215B to 215D “the commencement date”

means the date on which section (Tenancy deposits) of the Deregulation

Act 2014 is fully in force in England and Wales.

215B
Statutory periodic tenancies: deposit received on or after 6 April 2007

(1)
This section applies where—

(a)
on or after 6 April 2007, a tenancy deposit has been received by

a landlord in connection with a fixed term shorthold tenancy,

(b)
the requirements of section 213(3), (5) and (6) have been

complied with by the landlord in respect of the deposit held in

connection with the fixed term tenancy,

(c)
a periodic shorthold tenancy is deemed to arise under section 5

of the Housing Act 1988 on the coming to an end of the fixed

term tenancy, and

(d)
when the periodic tenancy arises, the deposit paid in connection

with the fixed term tenancy continues to be held—

(i)
in connection with the periodic tenancy, and

(ii)
in accordance with the same authorised scheme as when

the requirements of section 213(3), (5) and (6) were last

complied with in respect of it.

(2)
The requirements of section 213(3), (5) and (6) are treated as if they had

been complied with by the landlord in respect of the deposit held in

connection with the periodic tenancy.

215C
Renewed fixed term or contractual periodic tenancies: deposit

received on or after 6 April 2007

(1)
This section applies where—

(a)
on or after 6 April 2007, a tenancy deposit has been received by

a landlord in connection with a shorthold tenancy (“the original

tenancy”),

(b)
the requirements of section 213(5) and (6) have been complied

with by the landlord in respect of the deposit held in connection

with the original tenancy,

(c)
a new fixed term or periodic shorthold tenancy (“the new

tenancy”) comes into being on the coming to an end of the

original tenancy or a tenancy that replaces the original tenancy,

(d)
the new tenancy is not one that is deemed to arise under section

5 of the Housing Act 1988,

(e)
the new tenancy replaces the original tenancy, and

(f)
when the new tenancy comes into being, the deposit paid in

connection with the original tenancy continues to be held—

(i)
in connection with the new tenancy, and

(ii)
in accordance with the same authorised scheme as when

the requirements of section 213(5) and (6) were last

complied with in respect of it.

(2)
The requirements of section 213(5) and (6) are treated as if they had been

complied with by the landlord in respect of the deposit held in connection

with the new tenancy.

Consideration of Bill: 23 June 2014
195

Deregulation Bill, continued

(3)
The condition in subsection (1)(a) may be met in respect of a tenancy

even if—

(a)
it replaces an earlier tenancy, and

(b)
the tenancy deposit was first received in connection with the

earlier tenancy (either before or after 6 April 2007).

(4)
For the purposes of this section, a tenancy replaces another tenancy if—

(a)
the landlord and tenant under the later tenancy are the same as

under the earlier tenancy, and

(b)
the premises let under the later tenancy are the same or

substantially the same as those let under the earlier tenancy.

215D
Sections 215A to 215C: transitional provisions

(1)
Sections 215A to 215C are treated as having had effect since 6 April

2007, subject to the following provisions of this section.

(2)
Sections 215A to 215C do not have effect in relation to—

(a)
a claim under section 214 of this Act or section 21 of the Housing

Act 1988 in respect of a tenancy which is settled before the

commencement date (whether or not proceedings in relation to

the claim have been instituted), or

(b)
proceedings under either of those sections in respect of a tenancy

which have been finally determined before the commencement

date.

(3)
Subsection (5) applies in respect of a tenancy if—

(a)
proceedings under section 214 in respect of the tenancy have

been instituted before the commencement date but have not been

settled or finally determined before that date, and

(b)
because of section 215A(4), 215B(2) or section 215C(2), the

court decides—

(i)
not to make an order under section 214(4) in respect of

the tenancy, or

(ii)
to allow an appeal by the landlord against such an order.

(4)
Subsection (5) also applies in respect of a tenancy if—

(a)
proceedings for possession under section 21 of the Housing Act

1988 in respect of the tenancy have been instituted before the

commencement date but have not been settled or finally

determined before that date, and

(b)
because of section 215A(4), 215B(2) or 215C(2), the court

decides—

(i)
to make an order for possession under that section in

respect of the tenancy, or

(ii)
to allow an appeal by the landlord against a refusal to

make such an order.

(5)
Where this subsection applies, the court must not order the tenant or any

relevant person (as defined by section 213(10)) to pay the landlord’s

costs, to the extent that the court reasonably considers those costs are

attributable to the proceedings under section 214 or (as the case may be)

section 21 of the Housing Act 1988.

(6)
Proceedings have been “finally determined” for the purposes of this

section if —

Consideration of Bill: 23 June 2014
196

Deregulation Bill, continued

(a)
they have been determined by a court, and

(b)
there is no further right to appeal against the determination.

(7)
There is no further right to appeal against a court determination if there

is no right to appeal against the determination, or there is such a right

but—

(a)
the time limit for making an appeal has expired without an appeal

being brought, or

(b)
an appeal brought within that time limit has been withdrawn.”

Member’s explanatory statement

Where the tenancy deposit protection requirements have been complied with by a landlord for a

tenancy, this amendment means they do not need to be complied with again for a replacement

tenancy. Where those requirements did not apply to the first tenancy, and a replacement statutory

periodic tenancy is still in place, the amendment provides extra time for compliance.

Tom Brake

Oliver Heald

NC21

To move the following Clause—

“Short-term use of London accommodation: power to relax restrictions

(1)
The Secretary of State may by regulations made by statutory instrument make

provision for circumstances in which the use as temporary sleeping

accommodation of any residential premises in Greater London does not involve

a material change of use by virtue of section 25(1) of the Greater London Council

(General Powers) Act 1973.

(2)
Regulations under this section may also make provision for and in connection

with enabling the Secretary of State or a local planning authority to direct that

provision included in the regulations by virtue of subsection (1) does not apply to

particular residential premises or to residential premises situated in a particular

area.

(3)
Regulations under this section may amend the Greater London Council (General

Powers) Act 1973.

(4)
Regulations under this section may—

(a)
make different provision for different purposes;

(b)
include incidental, supplementary, consequential, transitional, transitory

or saving provision.

(5)
A statutory instrument containing regulations under this section may not be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.

(6)
In this section, “local planning authority” has the same meaning as in the Town

and Country Planning Act 1990 (see section 336(1) of that Act).”

Member’s explanatory statement

Section 25 of the Greater London Council (General Powers) Act 1973 provides that the use as

temporary sleeping accommodation of residential premises in Greater London involves a material

change of use of the premises (with the result that planning permission is required). This

amendment allows the Secretary of State to make secondary legislation specifying circumstances

Consideration of Bill: 23 June 2014
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Deregulation Bill, continued

when this does not apply (so that planning permission is not required).

Tom Brake

Oliver Heald

NC22

To move the following Clause—

“Electoral Commission: changes to facilitate efficient administration

(1)
Schedule 1 to the Political Parties, Elections and Referendums Act 2000 (the

Electoral Commission) is amended as follows.

(2)
Paragraph 15 (five-year plan) is amended as set out in subsections (3) and (4).

(3)
In sub-paragraph (1), after “paragraph 14” insert “in respect of the first financial

year to begin after the day on which Parliament meets for the first time following

a parliamentary general election,”.

(4)
After that sub-paragraph insert—

  “(1A)
The Speaker’s Committee may require the Commission to submit a

plan under sub-paragraph (1) when the Commission submit such an

estimate as is mentioned in paragraph 14 in respect of a financial year

other than one mentioned in that sub-paragraph.”

(5)
In paragraph 16 (annual examination of Commission by Comptroller and Auditor

General), in sub-paragraph (1)—

(a)
after “paragraphs 14 and 15” insert “in respect of any year when both an

estimate under paragraph 14 and a five-year plan under paragraph 15 are

submitted to them,”;

(b)
for “in each year” substitute “before the Committee consider the estimate

and plan”.

(6)
In the cross-heading preceding paragraph 16, for “Annual examination”

substitute “Examination”.”

Member’s explanatory statement

Currently, there is an annual requirement for the Electoral Commission to produce a five-year

plan and for the Comptroller and Auditor General to provide an audit report on the Commission.

The new clause alters this so that the requirements to produce a five-year plan and an audit report

apply in respect of the first year of a new Parliament and subsequently as required by the Speaker’s

Committee.

Tom Brake

Oliver Heald

NC23

To move the following Clause—

“LGBC for England: changes to facilitate efficient administration

(1)
Schedule 1 to the Local Democracy, Economic Development and Construction

Act 2009 (Local Government Boundary Commission for England) is amended as

follows.

(2)
In paragraph 5 (committees), for sub-paragraph (3) substitute—



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