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| For other Amendment(s) see the following page(s):
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| Small Business, Enterprise and Employment Bill Committee 168-234 |
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| Small Business, Enterprise
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| Clause 143, page 130, line 35, after “Act” insert “(other than section (Exclusion of |
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| home businesses from Part 2 of the Landlord and Tenant Act 1954) as it applies in |
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| | Member’s explanatory statement
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| | This amendment limits the power of Ministers of the Crown to make consequential provision so |
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| | that it does not overlap with the power given to the Welsh Ministers by amendment 212 in relation |
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| | to new clause NC11 as it applies in Wales. |
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| Clause 143, page 130, line 41, leave out “this section” and insert “subsection (1)” |
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| | Member’s explanatory statement
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| | This amendment makes provision consequential upon amendment 212. |
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| Clause 143, page 130, line 44, leave out “this section” and insert “subsection (1)” |
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| | Member’s explanatory statement
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| | This amendment makes provision consequential upon amendment 212. |
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| Clause 143, page 131, line 4, at end insert— |
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| | “(4A) | The Welsh Ministers may by regulations make such provision as they consider |
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| | appropriate in consequence of section (Exclusion of home businesses from Part 2 |
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| | of the Landlord and Tenant Act 1954) as it applies in Wales. |
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| | (4B) | The power conferred by subsection (4A) includes power— |
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| | (a) | to make transitional, transitory or saving provision; |
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| | (b) | to amend, repeal, revoke or otherwise modify any provision made by or |
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| | under any Act (including this Act and any Act passed in the same Session |
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| | as this Act) or any Measure or Act of the National Assembly for Wales.” |
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| | (4C) | A statutory instrument containing regulations under subsection (4A) which |
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| | amend or repeal an Act or a Measure or Act of the National Assembly for Wales |
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| | may not be made unless a draft of the instrument has been laid before, and |
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| | approved by a resolution of, the National Assembly of Wales. |
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| | (4D) | A statutory instrument containing regulations under subsection (4A), other than |
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| | a statutory instrument within subsection (4C), is subject to annulment in |
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| | pursuance of a resolution of the National Assembly for Wales.” |
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| | Member’s explanatory statement
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| | This amendment allows the Welsh Ministers to make consequential provision relating to new |
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| | clause NC11 as it applies in Wales. |
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| Clause 144, page 131, line 18, after “Act” insert “(other than section (Exclusion of |
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| home businesses from Part 2 of the Landlord and Tenant Act 1954) as it applies in Wales). |
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| | (2) | The Welsh Ministers may by regulations make such transitional, transitory or |
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| | saving provision as they consider appropriate in connection with the coming into |
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| | force of section (Exclusion of home businesses from Part 2 of the Landlord and |
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| | Tenant Act 1954) as it applies in Wales” |
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| | Member’s explanatory statement
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| | This amendment allows the Welsh Ministers to make transitional, transitory and saving provision |
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| | in relation to the commencement of new clause NC11 as it applies in Wales, and limits the power |
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| | conferred on Ministers of the Crown so that it does not overlap with the power given to the Welsh |
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| Clause 148, page 132, line 18, leave out “and (3)” and insert “to (3A)” |
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| | Member’s explanatory statement
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| | This amendment makes provision consequential upon amendment 215. |
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| Clause 148, page 133, line 21, at end insert— |
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| | “(3A) | Section (Exclusion of home businesses from Part 2 of the Landlord and Tenant |
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| | Act 1954) as it applies in Wales comes into force on such day as the Welsh |
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| | Ministers may by regulations appoint.” |
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| | Member’s explanatory statement
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| | This amendment gives the Welsh Ministers the power to bring new clause NC11 into force in |
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| To move the following Clause— |
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| | “Exclusion of home businesses from Part 2 of the Landlord and Tenant Act 1954 |
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| | (1) | Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business, |
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| | professional and other tenants) is amended as follows. |
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| | (2) | In section 23(4) (tenancies to which Part 2 applies) at the beginning insert |
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| | “Subject to subsection (5),”. |
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| | (3) | After section 23(4) insert— |
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| | “(5) | Where the tenant’s breach of a prohibition (however expressed) of use for |
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| | business purposes which subsists under the terms of the tenancy and |
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| | extends to the whole of that property consists solely of carrying on a |
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| | home business, this Part of this Act does not apply to the tenancy, even |
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| | if the immediate landlord or the immediate landlord’s predecessor in title |
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| | has consented to the breach or the immediate landlord has acquiesced in |
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| | (6) | In subsection (5) “home business” has the same meaning as in section |
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| | (4) | After section 43 (tenancies excluded from Part 2), insert— |
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| | “43ZA | Further exclusion of home business tenancies from Part 2 |
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| | (1) | This Part of this Act does not apply to a home business tenancy. |
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| | (2) | A home business tenancy is a tenancy under which— |
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| | (a) | a dwelling-house is let as a separate dwelling, |
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| | (b) | the tenant or, where there are joint tenants, each of them, is an |
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| | (c) | the terms of the tenancy— |
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| | (i) | require the tenant or, where there are joint tenants, at |
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| | least one of them, to occupy the dwelling-house as a |
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| | home (whether or not as that individual’s only or |
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| | (ii) | permit a home business to be carried on in the dwelling- |
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| | house, or permit the immediate landlord to give consent |
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| | for a home business to be carried on in the dwelling- |
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| | (iii) | do not permit a business other than a home business to |
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| | be carried on in the dwelling-house. |
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| | (3) | The terms of a tenancy permit the carrying on of a home business if they |
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| | permit the carrying on of a particular home business, a particular |
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| | description of home business or any home business. |
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| | (4) | A “home business” is a business of a kind which might reasonably be |
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| | (5) | A business is not to be treated as a home business if it involves the supply |
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| | of alcohol for consumption on licensed premises which form all or part |
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| | (6) | The appropriate national authority may by regulations prescribe cases in |
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| | which businesses are, or are not, to be treated as home businesses. |
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| | (7) | Regulations under this section— |
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| | (a) | may include transitional or saving provision, |
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| | (b) | may make different provision for different purposes, |
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| | (c) | are to be made by statutory instrument which— |
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| | (i) | in the case of an instrument made by the Secretary of |
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| | State, is subject to annulment in pursuance of a |
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| | resolution of either House of Parliament, and |
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| | (ii) | in the case of an instrument made by the Welsh |
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| | Ministers, is subject to annulment in pursuance of a |
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| | resolution of the National Assembly for Wales. |
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| | (8) | For the purposes of this section, a dwelling-house which is let for mixed |
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| | residential and business use is capable of being let as a dwelling. |
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| | (9) | If, under a tenancy, a dwelling-house is let together with other land, then, |
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| | for the purposes of this section— |
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| | (a) | if the main purpose of the letting is the provision of a home for |
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| | the tenant, the other land is to be treated as part of the dwelling- |
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| | (b) | if the main purpose of the letting is not as mentioned in |
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| | paragraph (a), the tenancy is to be treated as not being one under |
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| | which a dwelling-house is let as a separate dwelling. |
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| | “the appropriate national authority” means— |
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| | (a) | in relation to England, the Secretary of State, and |
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| | (b) | in relation to Wales, the Welsh Ministers; |
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| | “dwelling-house” may be a house or part of a house; |
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| | “licensed premises” has the same meaning as in the Licensing Act 2003 (see |
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| | section 193 of that Act). |
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| | “supply of alcohol” has the same meaning as in the Licensing Act 2003 (see |
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| | section 14 of that Act).” |
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| | (5) | Subsections (1) to (4) do not apply to— |
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| | (a) | a tenancy which is entered into before the day on which this section |
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| | (b) | a tenancy which is entered into on or after the day on which this section |
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| | comes into force, pursuant to a contract made before that day; |
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| | (c) | a tenancy which arises by operation of any enactment or other law when |
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| | a tenancy mentioned in paragraph (a) or (b) comes to an end.” |
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| | Member’s explanatory statement
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| | This new clause amends the Landlord and Tenant Act 1954 so that its provisions for security of |
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| | tenure of business tenancies do not apply to tenancies of dwellings granted to individuals for |
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| | occupation as homes when tenants, with their landlords’ permission, carry on businesses of a kind |
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| | that might reasonably be carried on at home. |
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