Session 2014 - 15
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1753

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 6 March 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Consideration of Lords Amendments


 

Deregulation Bill


 

On Consideration of Lords Amendments to the Deregulation Bill

 

Note

 

The Amendments have been arranged in accordance with the Deregulation Bill

 

Programme (No. 3) Motion to be proposed by Mr Oliver Letwin.

 


 

Lords Amendment No. 38

 

Mr Oliver Letwin

 

To move, That this House disagrees with the Lords in their Amendment.

 

Mr Oliver Letwin

 

To move the following Amendments to the Bill in lieu of the Lords

 

Amendment:—

 

Mr Oliver Letwin

 

(a)

 

Parliamentary Star    

Page  45,  line  29,  at end insert—

 

“(3)    

The Secretary of State must, before the end of the period of 3 months beginning

 

with the day on which the review is completed, lay before both Houses of

 

Parliament a report setting out the Secretary of State’s response to the review

 

which must include—


 
 

Notices of Amendments:                               

1754

 

, continued

 
 

(a)    

a statement as to whether the Secretary of State proposes to exercise the

 

power to make regulations under section 60(1)(a) or (b), and

 

(b)    

if the Secretary of State proposes to do so, an outline of the steps that the

 

Secretary of State proposes to take in consequence and when those steps

 

will be taken.”

 

Mr Oliver Letwin

 

(b)

 

Parliamentary Star    

Page  46,  line  26,  at end insert—

 

“(10A)    

Regulations under subsection (1) may not be made so as to come into force before

 

1 April 2017.”

 

 

Lords Amendment No. 18

 

As Amendments to the Lords Amendment:—

 

Philip Davies [R]

 

(a)

 

Parliamentary Star    

Page  5,  line  31,  after “notice”, insert “or until the repair has been carried out

 

whichever is earlier”

 

Philip Davies [R]

 

(b)

 

Parliamentary Star    

Page  5,  line  34,  after “ends”, insert “or until the repair has been carried out

 

whichever is earlier.”

 

Philip Davies [R]

 

(c)

 

Parliamentary Star    

Page  5,  line  41,  leave out “14” and insert “20 working”

 

Philip Davies [R]

 

(d)

 

Parliamentary Star    

Page  6,  line  13,  after “subsection (2)” insert “or subsection (11A)”

 

Philip Davies [R]

 

(e)

 

Parliamentary Star    

Page  6,  line  22,  leave out subsection (5).

 

Philip Davies [R]

 

(f)

 

Parliamentary Star    

Page  7,  line  11,  at end insert—

 

“(11A)    

Where a landlord provides an adequate response to a complaint within the time

 

allowed by sub-section (2)(b)(i) the following provisions shall apply—

 

(a)    

the local housing authority may not serve a relevant notice during the

 

timescale referred to in subsection (3)(b) in response to the complaint,

 

(b)    

if, notwithstanding paragraph (a), a relevant notice is served by the local

 

housing authority in contravention of that paragraph, the relevant notice


 
 

Notices of Amendments:                               

1755

 

, continued

 
 

must be revoked under section 16 of the Housing Act 2014 or quashed

 

under paragraph 15 of schedule 1 to that Act, and

 

(c)    

in any case, sub-section (2) shall cease to be of effect in relation to the

 

service of the relevant notice from the date when the remedial action

 

required by the relevant notice was satisfactorily completed in

 

accordance with the terms of the relevant notice.

 

(11B)    

For the purposes of subsection (11A) the timescale referred to in subsection (3)(b)

 

shall be extended by such further period or periods as may be reasonable in the

 

circumstances where it is impractical to complete the remedial action within the

 

timescale proposed.”

 

Philip Davies [R]

 

(g)

 

Parliamentary Star    

Page  7,  line  24,  at end insert—

 

““condition of the dwelling-house” means any condition which could be the

 

subject of a relevant notice;”

 

 

Lords Amendment No. 19

 

As Amendments to the Lords Amendment:—

 

Philip Davies [R]

 

(a)

 

Parliamentary Star    

Page  8,  line  2,  at end insert—

 

“(1A)    

Subsections (1) and (2) of section (Preventing retaliatory eviction) do not apply

 

where—

 

(a)    

at the time the section 21 notice is given, the landlord‘s reasons for

 

serving the notice are unrelated to the repairing issue; or

 

(b)    

the condition of the dwelling-house or common parts that gave rise to the

 

service of the relevant notice is to due to a breach by the tenant of—

 

(i)    

the duty to use the dwelling-house in a tenant-like manner; or

 

(ii)    

an express term of the tenancy to the same effect; or

 

(c)    

prior to the section 21 notice being served, the tenant or a person residing

 

in or visiting

 

(d)    

the dwelling-house has been convicted of—

 

(i)    

using the dwelling-house or allowing it to be used for immoral or

 

illegal purposes; or

 

(ii)    

an indictable offence committed in, or in the locality of, the

 

dwelling-house; or

 

(iii)    

the tenant, being the sole tenant of the dwelling house, is in

 

prison at the time the section 21 notice is served; or

 

(iv)    

the tenant has prevented the landlord from accessing the

 

property, contrary to the implied covenant in section 11(6) of the

 

Landlord and Tenant Act 1985 or any express term of the

 

tenancy agreement relating to the landlord‘s access to the

 

property, in order to assess the state of repair in the previous 12

 

months or during the period in which the tenant‘s complaint in

 

relation to the condition of the property is ongoing; or


 
 

Notices of Amendments:                               

1756

 

, continued

 
 

(v)    

the tenant is at least eight weeks or two months (or the relevant

 

equivalent in accordance with schedule 2 to the Housing Act

 

1988) in arrears of rent that is lawfully due at the time the section

 

21 notice is given and this amount is still outstanding at the time

 

the court considers an order for possession.”

 

Philip Davies [R]

 

(b)

 

Parliamentary Star    

Page  8,  line  2,  at end insert—

 

“(1A)    

Subsections (1) and (2) of section (Preventing retaliatory eviction) do not apply

 

where at the time the section 21 notice is given—

 

(a)    

the landlord or anyone associated with them intends to take up residence

 

in the dwelling-house; or

 

(b)    

the landlord wants to redevelop the dwelling-house; or

 

(c)    

there is a compulsory purchase order against the dwelling-house; or

 

(d)    

the landlord is under a legal duty to complete work or alter the building

 

and in order to do so the tenant needs to be removed from the property.”

 

Philip Davies [R]

 

(c)

 

Parliamentary Star    

Page  8,  line  5,  at end insert “or where the landlord intends to sell the dwelling

 

house within six months.”

 

Philip Davies [R]

 

(d)

 

Parliamentary Star    

Page  8,  line  38,  at end insert—

 

“(d)    

at the time the section 21 notice is given the landlord‘s reasons for

 

serving the notice are unrelated to the repairing issue.”

 

 

Lords Amendment No. 21

 

As an Amendment to the Lords Amendment:—

 

Philip Davies [R]

 

(a)

 

Parliamentary Star    

Page  9,  line  14,  leave out “four” and insert “two”

 

 

Lords Amendment No. 26

 

As Amendments to the Lords Amendment:—


 
 

Notices of Amendments:                               

1757

 

, continued

 
 

Philip Davies [R]

 

(a)

 

Parliamentary Star    

Page  11,  line  36,  at end insert—

 

“(A1)    

The Government must commission an independent review of the impact of

 

sections (Preventing retaliatory sections eviction) to (Repayment of rent where

 

tenancy ends before end of period) on the rental market not less than three years

 

beginning with the day on which this Act is passed.

 

(AA1)    

A Minister of the Crown must make a motion in respect of the independent

 

review in each House of Parliament within six months of its publication.”

 

Philip Davies [R]

 

(b)

 

Parliamentary Star    

Page  12,  line  12,  at end insert—

 

“(3A)    

The following provisions expire at the end of five years beginning with the day

 

on which this Act is passed—

 

(a)    

section (Tenancy deposits: provision of information by agents);

 

(b)    

section (Tenancy deposits: non-compliance with requirements);

 

(c)    

section (Preventing retaliatory eviction);

 

(d)    

section (Time limits in relation to section 21 notices and proceedings);

 

(e)    

section (Prescribed form of section 21 notices);

 

(f)    

section (Compliance with prescribed legal requirements);

 

(g)    

section (Requirement for landlord to provide prescribed information);

 

(h)    

section (Repayment of rent where tenancy ends before end of a period).”

 

 

Lords Amendment No. 27

 

As Amendments to the Lords Amendment:—

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(a)

 

Line  7,  leave out “section 25A” and insert “sections 25A and 25B”

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(b)

 

Line  12,  leave out “two” and insert “three”

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(c)

 

Line  29,  at end insert—

 

“( )    

The third is that the premises are the principal residence in London of the owner.”


 
 

Notices of Amendments:                               

1758

 

, continued

 
 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(d)

 

Line  31,  at end insert—

 

“( )    

Any person providing temporary sleeping accommodation under this section

 

must, in advance of each such provision, notify the local planning authority where

 

they require it, in a form to be set out by the Secretary of State in regulations made

 

by statutory instrument.”

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(e)

 

Line  31,  at end insert—

 

“( )    

A statutory instrument containing regulations under this section is subject to

 

annulment in pursuance of a resolution of either House of Parliament.”

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(f)

 

Line  41,  after “necessary”, insert “or desirable”

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(g)

 

Leave out lines 42 and 43.

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(h)

 

Leave out lines 46 to 53.

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(i)

 

Leave out lines 60 to 62.

 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(j)

 

Line  62,  at end insert—

 

“(7A)    

The Secretary of State may by regulations made by statutory instrument provide

 

that section 25A is not to apply to any premises which have been subject to a

 

specified number of successful enforcement actions against a statutory nuisance.”


 
 

Notices of Amendments:                               

1759

 

, continued

 
 

Chi Onwurah

 

Emma Reynolds

 

Andy Sawford

 

(k)

 

Line  63,  leave out “subsection (7)” and insert “subsections (7) or (7A)”

 

 

 

Order of the House [3 February 2014]

 

That the following provisions shall apply to the Deregulation Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 25 March 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the House [14 May 2014]

 

That the Order of 3 February 2014 (Deregulation Bill (Programme)) be varied as

 

follows:

 

1.    

Paragraphs 4 and 5 of the Order shall be omitted.

 

2.    

Proceedings on Consideration and Third Reading shall be taken in two days

 

in accordance with the following provisions of this Order.

 

3.    

Proceedings on Consideration—

 

(a)    

shall be taken on the days shown in the first column of the following

 

Table and in the order so shown; and

 

(b)    

shall (so far as not previously concluded) be brought to a conclusion

 

at the times shown in the second column of the Table.


 
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