House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

235

House of Commons

Notices of Amendments

given on

Tuesday 28 October 2014

For other Amendment(s) see the following page(s):

Small Business, Enterprise and Employment Bill Committee 168-234

Public Bill Committee

Small Business, Enterprise

and Employment Bill

Matthew Hancock

Jo Swinson

Clause  143,  page  130,  line  35,  after “Act” insert “(other than section (Exclusion of

home businesses from Part 2 of the Landlord and Tenant Act 1954) as it applies in

Wales)”

Member’s explanatory statement

This amendment limits the power of Ministers of the Crown to make consequential provision so

that it does not overlap with the power given to the Welsh Ministers by amendment 212 in relation

to new clause NC11 as it applies in Wales.

Matthew Hancock

Jo Swinson

Clause  143,  page  130,  line  41,  leave out “this section” and insert “subsection (1)”

Member’s explanatory statement

This amendment makes provision consequential upon amendment 212.

Matthew Hancock

Jo Swinson

Clause  143,  page  130,  line  44,  leave out “this section” and insert “subsection (1)”

Member’s explanatory statement

This amendment makes provision consequential upon amendment 212.

Matthew Hancock

Jo Swinson

Clause  143,  page  131,  line  4,  at end insert—

Notices of Amendments:
236

, continued

“(4A)
The Welsh Ministers may by regulations make such provision as they consider

appropriate in consequence of section (Exclusion of home businesses from Part 2

of the Landlord and Tenant Act 1954) as it applies in Wales.

(4B)
The power conferred by subsection (4A) includes power—

(a)
to make transitional, transitory or saving provision;

(b)
to amend, repeal, revoke or otherwise modify any provision made by or

under any Act (including this Act and any Act passed in the same Session

as this Act) or any Measure or Act of the National Assembly for Wales.”

(4C)
A statutory instrument containing regulations under subsection (4A) which

amend or repeal an Act or a Measure or Act of the National Assembly for Wales

may not be made unless a draft of the instrument has been laid before, and

approved by a resolution of, the National Assembly of Wales.

(4D)
A statutory instrument containing regulations under subsection (4A), other than

a statutory instrument within subsection (4C), is subject to annulment in

pursuance of a resolution of the National Assembly for Wales.”

Member’s explanatory statement

This amendment allows the Welsh Ministers to make consequential provision relating to new

clause NC11 as it applies in Wales.

Matthew Hancock

Jo Swinson

Clause  144,  page  131,  line  18,  after “Act” insert “(other than section (Exclusion of

home businesses from Part 2 of the Landlord and Tenant Act 1954) as it applies in Wales).

(2)
The Welsh Ministers may by regulations make such transitional, transitory or

saving provision as they consider appropriate in connection with the coming into

force of section (Exclusion of home businesses from Part 2 of the Landlord and

Tenant Act 1954) as it applies in Wales”

Member’s explanatory statement

This amendment allows the Welsh Ministers to make transitional, transitory and saving provision

in relation to the commencement of new clause NC11 as it applies in Wales, and limits the power

conferred on Ministers of the Crown so that it does not overlap with the power given to the Welsh

Ministers.

Matthew Hancock

Jo Swinson

Clause  148,  page  132,  line  18,  leave out “and (3)” and insert “to (3A)”

Member’s explanatory statement

This amendment makes provision consequential upon amendment 215.

Matthew Hancock

Jo Swinson

Clause  148,  page  133,  line  21,  at end insert—

“(3A)
Section (Exclusion of home businesses from Part 2 of the Landlord and Tenant

Act 1954) as it applies in Wales comes into force on such day as the Welsh

Ministers may by regulations appoint.”

Member’s explanatory statement

This amendment gives the Welsh Ministers the power to bring new clause NC11 into force in

relation to Wales.

Notices of Amendments:
237

, continued

Matthew Hancock

Jo Swinson

NC11

To move the following Clause—

“Exclusion of home businesses from Part 2 of the Landlord and Tenant Act 1954

(1)
Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business,

professional and other tenants) is amended as follows.

(2)
In section 23(4) (tenancies to which Part 2 applies) at the beginning insert

“Subject to subsection (5),”.

(3)
After section 23(4) insert—

“(5)
Where the tenant’s breach of a prohibition (however expressed) of use for

business purposes which subsists under the terms of the tenancy and

extends to the whole of that property consists solely of carrying on a

home business, this Part of this Act does not apply to the tenancy, even

if the immediate landlord or the immediate landlord’s predecessor in title

has consented to the breach or the immediate landlord has acquiesced in

the breach.

(6)
In subsection (5) “home business” has the same meaning as in section

43ZA.”

(4)
After section 43 (tenancies excluded from Part 2), insert—

“43ZA
Further exclusion of home business tenancies from Part 2

(1)
This Part of this Act does not apply to a home business tenancy.

(2)
A home business tenancy is a tenancy under which—

(a)
a dwelling-house is let as a separate dwelling,

(b)
the tenant or, where there are joint tenants, each of them, is an

individual, and

(c)
the terms of the tenancy—

(i)
require the tenant or, where there are joint tenants, at

least one of them, to occupy the dwelling-house as a

home (whether or not as that individual’s only or

principal home),

(ii)
permit a home business to be carried on in the dwelling-

house, or permit the immediate landlord to give consent

for a home business to be carried on in the dwelling-

house, and

(iii)
do not permit a business other than a home business to

be carried on in the dwelling-house.

(3)
The terms of a tenancy permit the carrying on of a home business if they

permit the carrying on of a particular home business, a particular

description of home business or any home business.

(4)
A “home business” is a business of a kind which might reasonably be

carried on at home.

(5)
A business is not to be treated as a home business if it involves the supply

of alcohol for consumption on licensed premises which form all or part

of the dwelling-house.

(6)
The appropriate national authority may by regulations prescribe cases in

which businesses are, or are not, to be treated as home businesses.

Notices of Amendments:
238

, continued

(7)
Regulations under this section—

(a)
may include transitional or saving provision,

(b)
may make different provision for different purposes,

(c)
are to be made by statutory instrument which—

(i)
in the case of an instrument made by the Secretary of

State, is subject to annulment in pursuance of a

resolution of either House of Parliament, and

(ii)
in the case of an instrument made by the Welsh

Ministers, is subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(8)
For the purposes of this section, a dwelling-house which is let for mixed

residential and business use is capable of being let as a dwelling.

(9)
If, under a tenancy, a dwelling-house is let together with other land, then,

for the purposes of this section—

(a)
if the main purpose of the letting is the provision of a home for

the tenant, the other land is to be treated as part of the dwelling-

house, and

(b)
if the main purpose of the letting is not as mentioned in

paragraph (a), the tenancy is to be treated as not being one under

which a dwelling-house is let as a separate dwelling.

(10)
In this section—

“the appropriate national authority” means—

(a)
in relation to England, the Secretary of State, and

(b)
in relation to Wales, the Welsh Ministers;

“dwelling-house” may be a house or part of a house;

“let” includes sub-let;

“licensed premises” has the same meaning as in the Licensing Act 2003 (see

section 193 of that Act).

“supply of alcohol” has the same meaning as in the Licensing Act 2003 (see

section 14 of that Act).”

(5)
Subsections (1) to (4) do not apply to—

(a)
a tenancy which is entered into before the day on which this section

comes into force;

(b)
a tenancy which is entered into on or after the day on which this section

comes into force, pursuant to a contract made before that day;

(c)
a tenancy which arises by operation of any enactment or other law when

a tenancy mentioned in paragraph (a) or (b) comes to an end.”

Member’s explanatory statement

This new clause amends the Landlord and Tenant Act 1954 so that its provisions for security of

tenure of business tenancies do not apply to tenancies of dwellings granted to individuals for

occupation as homes when tenants, with their landlords’ permission, carry on businesses of a kind

that might reasonably be carried on at home.



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