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[The page and line references are to HL Bill 129, the bill as first printed for the Lords] |
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1 | Page 2, line 10, leave out “the person” and insert “a relevant person” |
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2 | Page 2, line 19, leave out “the person” and insert “a relevant person” |
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3 | Page 2, line 38, at beginning insert “subject to subsection (10),” |
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4 | Page 2, line 39, at end insert— |
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| “(10) | The reference in subsection (9)(b) to a person does not include— |
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| (a) | a local housing authority within the meaning of the Housing Act |
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| 1985 (see section 1 of that Act), |
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| (b) | the Greater London Authority, or |
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| (c) | a person acting on behalf of an authority within paragraph (a) or the |
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| Greater London Authority.” |
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5 | Page 2, line 46, at end insert “the agent or” |
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6 | Page 3, line 14, leave out “the person” and insert “a relevant person” |
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7 | Page 3, line 20, leave out “the person” and insert “a relevant person” |
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8 | Page 3, line 23, leave out “person’s” |
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9 | Page 4, line 21, leave out “the tenant” and insert “a relevant person” |
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10 | Page 4, line 23, leave out “tenant” and insert “relevant person” |
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11 | Page 4, line 24, leave out “the tenant” and insert “a relevant person” |
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12 | Page 4, line 25, leave out “tenant” and insert “relevant person” |
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13 | Page 6, line 13, after “of” insert “paragraph 3 of” |
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14 | Page 7, line 33, after “breaching” insert “paragraph 3 of” |
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15 | Page 8, line 13, leave out “date” and insert “day” |
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16 | Page 8, line 14, leave out “date” and insert “day” |
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17 | Page 8, line 17, leave out “date” and insert “day” |
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18 | Page 8, line 18, leave out “date” and insert “day” |
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19 | Page 8, line 23, after “10(8)” insert “— |
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| (i) | in a case within paragraph 4 of Schedule 2” |
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20 | Page 8, line 25, leave out “paragraph 4 of Schedule 2” and insert “that paragraph, or |
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| (ii) | in a case within paragraph 4A of that Schedule, the day after |
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| the end of the relevant period within the meaning of that |
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21 | Page 14, line 24, leave out from beginning to “subsection” in line 26 and insert— |
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| | “The Housing and Planning Act 2016 is amended as follows. |
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| ( ) | In section 134 (client money protection schemes: approval or designation), |
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| after subsection (2) insert— |
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| “(3) | Regulations under this section may confer a discretion on the |
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| Secretary of State in connection with— |
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| (a) | the approval or designation of a client money protection |
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| (b) | conditions which must be complied with by the |
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| administrator of such a scheme, |
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| (c) | the amendment of such a scheme, or |
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| (d) | the withdrawal of approval or revocation of designation of |
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| ( ) | In section 135 (enforcement of client money protection scheme |
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22 | Insert the following new Clause— |
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| | “Client money protection schemes: approval and designation |
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| (1) | The Client Money Protection Schemes for Property Agents (Approval and |
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| Designation of Schemes) Regulations 2018 (S.I. 2018/751) are amended as |
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| (2) | In regulation 2 (interpretation), in the definition of “client money”— |
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| (a) | in paragraph (a), for “agency”, in the second place it occurs, |
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| substitute “management”, and |
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| (b) | at the end of paragraph (b) insert “, |
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| | but does not include money held in accordance with an authorised |
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| tenancy deposit scheme within the meaning of Chapter 4 of Part 6 |
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| of the Housing Act 2004 (see section 212 of that Act);”. |
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| (3) | In regulation 4 (amendments to an approved scheme), after paragraph (3), |
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| “(4) | This regulation does not apply to an amendment made in |
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| accordance with a notice service served under regulation 8(1D)(b).” |
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| (4) | In regulation 5 (conditions which must be satisfied before approval may be |
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| (a) | in paragraph (1)(a)(iii), for “and without any deduction” substitute |
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| “, subject to paragraph (1A)”, |
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| (b) | in paragraph (1)(c)(i), for “administration of the scheme” substitute |
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| “failure of scheme members to account for client money to persons |
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| (c) | after paragraph (1) insert— |
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| “(1A) | The Secretary of State may determine that the condition in |
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| paragraph (1)(a)(iii) is satisfied where the rules of the |
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| scheme have the effect that the scheme administrator is |
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| required to make good M’s liability— |
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| (a) | only up to such amount as the Secretary of State |
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| (b) | only if or to the extent that M’s liability can be made |
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| good without exceeding such aggregate limit on the |
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| liability of the scheme as a whole as the Secretary of |
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| State considers appropriate, or |
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| (c) | only if M’s liability arises in relation to a risk that the |
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| Secretary of State considers it is appropriate for the |
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| scheme to insure against.”, and |
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| (d) | after paragraph (2) insert— |
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| “(2A) | The rules of the scheme are to be treated as complying with |
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| paragraph (2)(f) if they provide that, until 1 April 2020, they |
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| have effect as if they required scheme members to make all |
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| reasonable efforts to hold client money in a client money |
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| account with a bank or building society authorised by the |
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| Financial Conduct Authority.” |
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| (5) | In regulation 8 (conditions with which scheme administrators must |
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| (a) | in paragraph (1), after “practicable” insert “— |
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| (a) | after that member joins the scheme, and |
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| (b) | after the scheme rules are amended under |
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| paragraph (1D)(a) or in accordance with a notice |
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| served under paragraph (1D)(b).”, |
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| (b) | after paragraph (1) insert— |
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| “(1A) | Paragraphs (1B) to (1E) apply if the rules of the scheme have |
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| the effect of requiring the scheme administrator to make |
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| good the liability of a scheme member— |
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| (a) | only up to a certain amount, |
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| (b) | only within an aggregate limit on the liability of the |
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| (c) | only in relation to certain risks. |
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| (1B) | The certificate provided under paragraph (1) must |
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| (a) | information about the amount referred to in |
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| (b) | information about the limit referred to in paragraph |
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| (c) | details of where to find information about the risks |
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| referred to in paragraph (1A)(c), |
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| (1C) | Paragraphs (1D) and (1E) apply if the Secretary of State |
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| (a) | the amount referred to in paragraph (1A)(a) is no |
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| (b) | the limit referred to in paragraph (1A)(b) is no |
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| (c) | it is no longer appropriate for the rules of the scheme |
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| to exclude liability in relation to one or more of the |
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| risks referred to in paragraph (1A)(c), or |
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| (d) | it is appropriate for the rules of the scheme to |
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| exclude liability in relation to one or more risks that |
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| are not among the risks referred to in paragraph |
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| (1D) | The Secretary of State may— |
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| (a) | where the Secretary of State is the scheme |
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| administrator, amend the scheme rules with the |
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| effect that the amount, the limit or the risks are |
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| replaced with such different amount, limit or risks |
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| (as the case may be) as the Secretary of State |
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| (b) | in any other case, serve a notice on the scheme |
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| administrator requiring that person to amend the |
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| scheme rules with the effect that the amount, the |
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| limit or the risks are replaced with such different |
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| amount, limit or risks (as the case may be) as the |
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| Secretary of State considers appropriate. |
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| (1E) | The scheme administrator must comply with a notice |
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| served under paragraph (1D)(b)— |
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| (a) | within the period of 30 days beginning with the day |
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| on which the notice is served, or |
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| (b) | within such longer period beginning with that day |
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| as the Secretary of State may specify in the notice.”, |
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| (c) | after paragraph (3) insert— |
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| “(3A) | The scheme administrator must maintain insurance that— |
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| (a) | covers any foreseeable liability which may arise in |
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| connection with the failure of scheme members to |
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| account for client money to persons entitled to that |
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| (b) | is appropriate with regard to the size and number of |
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| scheme members and the amount of client money |
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| (3B) | Before renewing the scheme’s insurance, the scheme |
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| administrator must obtain the approval of the Secretary of |
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| State to the type and amount of insurance. |
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| (3C) | The Secretary of State may approve the renewal of the |
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| scheme’s insurance only if the Secretary of State is satisfied |
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| that, if the insurance is renewed as proposed, the scheme |
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| administrator will continue to comply with paragraph |
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| (d) | in paragraph (5), at the end of sub-paragraph (a) for “; and” |
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| (aa) | where paragraph (1B) applies— |
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| (i) | information about the amount referred to in |
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| (ii) | information about the limit referred to in |
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| (iii) | information about the risks referred to in |
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| | as the case may be, and”, and |
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| (e) | after paragraph (6) insert— |
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| “(7) | In this regulation, references to renewing a scheme’s |
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| insurance (however expressed) include obtaining new |
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| (8) | Paragraphs (2), (3B), (3C) and (4) do not apply where the |
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| Secretary of State is the scheme administrator.” |
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| (6) | The amendments made by this section are without prejudice to any power |
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| to make an order or regulations amending or revoking the regulations |
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| mentioned in subsection (1).” |
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23 | Insert the following new Clause— |
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| | “Client money protection schemes: requirement to belong to a scheme etc |
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| (1) | The Client Money Protection Schemes for Property Agents (Requirement |
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| to Belong to a Scheme etc.) Regulations 2019 are amended as follows. |
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| (2) | In regulation 2 (interpretation)— |
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| (a) | in the definition of “client money”— |
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| (i) | in paragraph (a), for “agency”, in the second place it occurs, |
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| substitute “management”, and |
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| (ii) | at the end of paragraph (b), for “; and” substitute “, |
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| | but does not include money held in accordance with an |
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| authorised tenancy deposit scheme within the meaning of |
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| Chapter 4 of Part 6 of the Housing Act 2004 (see section 212 |
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| (b) | at the end of the definition of “regulated property agent”, insert “; |
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| “scheme administrator” has the same meaning as in the |
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| scheme approval regulations (see regulation 2 of |
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| “scheme approval regulations” means the Client |
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| Money Protection Schemes for Property Agents |
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| (Approval and Designation of Schemes) Regulations |
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| (3) | In regulation 3 (requirement to belong to a client money protection |
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| scheme), omit paragraph (2). |
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| (4) | In regulation 4 (transparency requirements)— |
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| (a) | before paragraph (1) insert— |
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| “(A1) | Paragraph (1) applies if the scheme administrator of an |
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| approved or designated client money protection scheme |
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| provides a certificate under regulation 8(1) of the scheme |
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| approval regulations to a regulated property agent.”, and |
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| (i) | in the words before sub-paragraph (a), for “A” substitute |
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| (ii) | omit sub-paragraph (a). |
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| (5) | The amendments made by this section are without prejudice to any power |
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| to make an order or regulations amending or revoking the regulations |
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| mentioned in subsection (1).” |
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24 | Page 17, line 27, at end insert— |
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| ““excluded licence” means a licence which is granted to a licensee by |
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| a licensor who resides in the housing where— |
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| (a) | a charity or community interest company gives advice or |
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| assistance to the licensee or the licensor in connection with |
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| the grant, renewal or continuation of the licence, and |
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| (b) | the only consideration for the grant, renewal or |
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| continuation of the licence is— |
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| (i) | the provision by the licensee of companionship to |
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| the licensor, or such provision together with the |
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| provision by the licensee of care or assistance (other |
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| than financial assistance) to the licensor, or |
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| (ii) | provision of the kind referred to in sub-paragraph (i) |
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| together with one or more payments in respect of |
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| council tax, a utility, a communication service or a |
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25 | Page 17, line 42, at end insert “unless it is an excluded licence” |
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26 | Page 18, line 18, at end insert— |
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| ““television licence” has the meaning given by paragraph 9(2) of |
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27 | Page 20, line 6, at end insert— |
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| “(6) | In regulation 5 of the Client Money Protection Schemes for Property |
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| Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 |
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| (a) | in paragraph (1) omit “, subject to regulation 8(3)”, |
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