Session 2012 - 13
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Other Bills before Parliament


 
 

 

Enterprise and Regulatory Reform Bill

commons DisAgreeMENTS, REASONS, AMENDMENTS TO WORDS SO

RESTORED TO THE BILL AND AMENDMENTS IN LIEU

[The page and line references are to HL Bill 45, the bill as first printed for the Lords.]

Clause 56

35

Page 54, line 40, leave out paragraph (a)

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 35 for the following Reason—

35A

Because it is appropriate for section 3 of the Equality Act 2006 to be repealed.

36

Page 55, line 8, leave out subsection (6)

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 36 for the following Reason—

36A

Because it is more appropriate for the Commission for Equality and Human Rights to

 

monitor progress by reference to its duties under sections 8 and 9 of the Equality Act 2006.

After Clause 56

37

Insert the following new Clause—

 

“Equality Act 2010: caste discrimination

 

(1)    

The Equality Act 2010 is amended as follows.

 

(2)    

After section 9(1)(c) (race) insert—

 

“(d)    

caste;”.”

 
 
HL Bill 9555/2

 
 

2

 
 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 37 for the following Reason—

37A

Because it is inappropriate to provide for caste to be an aspect of race for the purposes of the

 

Equality Act 2010 without further consultation.

Clause 61

38

Page 58, line 25, leave out subsection (3)

 

COMMONS DISAGREEMENT AND AMENDMENTS TO WORDS SO

 

RESTORED TO THE BILL

 

The Commons disagree to Lords Amendment No. 38, and propose Amendments 38A and

 

B to the words so restored to the Bill—

38A

Page 58, line 34, leave out from beginning to end of line 2 on page 59

38B

Page 59, line 5, leave out “ , (2A) or (2B)” and insert “or (2A)”

After Clause 61

40

Insert the following new Clause—

 

“Letting agents etc.

 

(1)    

Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as

 

follows.

 

(2)    

In subsection (1) for the words “to which this Act applies” substitute “and

 

in subsection (1A) below to which this Act applies.

 

(1A)    

This Act also applies, subject to subsections (2) to (4) below, to—

 

(a)    

things done by any person in the course of a business

 

(including a business in which he is employed) pursuant to

 

instructions received from another person (in this section

 

referred to as “the client”) who wishes to let or have the

 

letting of an interest in land managed (for example, the

 

collection of rents on his behalf)—

 

(i)    

for the purpose of, or with a view to, effecting the

 

introduction to the client of a third person who

 

wishes to let an interest in land; or

 

(ii)    

after such introduction has been effected in the

 

course of that business, for the purpose of securing

 

the letting of the interest in land; or

 

(iii)    

for the purpose of, or with a view to, managing the

 

letting of the interest in land on behalf of the client;

 

or

 

(iv)    

for the purpose of, or with a view to, block

 

management of interests in land; and

 

(b)    

management activities undertaken by any person in the

 

course of a business (including a business in which he is

 

employed) in connection with land or interests in land.””

 
 

 
 

3

 
 

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendment No. 40, but propose Amendments 40A to H

 

in lieu—

40A

Page 73, line 2, at end insert—

 

“      

Redress schemes: lettings agency work

 

(1)    

The Secretary of State may by order require persons who engage in lettings

 

agency work to be members of a redress scheme for dealing with

 

complaints in connection with that work which is either—

 

(a)    

a redress scheme approved by the Secretary of State, or

 

(b)    

a government administered redress scheme.

 

(2)    

A “redress scheme” is a scheme which provides for complaints against

 

members of the scheme to be investigated and determined by an

 

independent person.

 

(3)    

A “government administered redress scheme” means a redress scheme

 

which is—

 

(a)    

administered by or on behalf of the Secretary of State, and

 

(b)    

designated for the purposes of the order by the Secretary of State.

 

(4)    

The order may provide for the duty mentioned in subsection (1) to apply—

 

(a)    

only to specified descriptions of persons who engage in lettings

 

agency work;

 

(b)    

only in relation to specified descriptions of such work.

 

(5)    

The order may also provide for the duty not to apply in relation to

 

complaints of any specified description (which may be framed by reference

 

to a description of person making a complaint).

 

(6)    

Before making the order, the Secretary of State must be satisfied that all

 

persons who are to be subject to the duty will be eligible to join a redress

 

scheme before the duty applies to them.

 

(7)    

In this section, “lettings agency work” means things done by any person in

 

the course of a business in response to instructions received from—

 

(a)    

a person seeking to find another person wishing to rent a dwelling-

 

house in England under a domestic tenancy and, having found

 

such a person, to grant such a tenancy (“a prospective landlord”);

 

(b)    

a person seeking to find a dwelling-house in England to rent under

 

a domestic tenancy and, having found such a dwelling-house, to

 

obtain such a tenancy of it (“a prospective tenant”).

 

(8)    

However, “lettings agency work” does not include any of the following

 

things when done by a person who does no other things falling within

 

subsection (7)—

 

(a)    

publishing advertisements or disseminating information;

 

(b)    

providing a means by which—

 

(i)    

a prospective landlord or a prospective tenant can, in

 

response to an advertisement or dissemimation of

 

information, make direct contact with a prospective tenant

 

or (as the case may be) prospective landlord;

 
 

 
 

4

 
 

(ii)    

a prospective landlord and a prospective tenant can

 

continue to communicate directly with each other.

 

(9)    

“Lettings agency work” also does not include —

 

(a)    

things done by a local authority;

 

(b)    

things of a description, or things done by a person of a description,

 

specified for the purposes of this section in an order made by the

 

Secretary of State.

 

(10)    

In subsection (7), “domestic tenancy” means—

 

(a)    

a tenancy which is an assured tenancy for the purposes of the

 

Housing Act 1988 except where—

 

(i)    

the landlord is a private registered provider of social

 

housing (as to which see section 80 of the Housing and

 

Regeneration Act 2008), or

 

(ii)    

the tenancy is a long lease within the meaning given by

 

section (Redress schemes: property management work)(10);

 

(b)    

a tenancy under which a dwelling-house is let as a separate

 

dwelling and which is of a description specified for the purposes of

 

this section in an order made by the Secretary of State.

 

(11)    

An order under subsection (10)(b) may not provide for any of the following

 

to be a domestic tenancy—

 

(a)    

a tenancy where the landlord is a registered provider of social

 

housing (as to which see section 80 of the Housing and

 

Regeneration Act 2008);

 

(b)    

a long lease within the meaning given by section (Redress schemes:

 

property management work)(10).”

40B

Page 73, line 2, at end insert—

 

“      

Redress schemes: property management work

 

(1)    

The Secretary of State may by order require persons who engage in

 

property management work to be members of a redress scheme for dealing

 

with complaints in connection with that work which is either—

 

(a)    

a redress scheme approved by the Secretary of State, or

 

(b)    

a government administered redress scheme.

 

(2)    

“Redress scheme” and “government administered redress scheme” have

 

the same meanings as in section (Redress schemes: lettings agency work).

 

(3)    

The order may provide for the duty mentioned in subsection (1) to apply—

 

(a)    

only to specified descriptions of persons who engage in property

 

management work;

 

(b)    

only in relation to specified descriptions of such work.

 

(4)    

The order may also provide for the duty not to apply in relation to

 

complaints of any specified description (which may be framed by reference

 

to a description of person making a complaint).

 

(5)    

Before making the order, the Secretary of State must be satisfied that all

 

persons who are to be subject to the duty will be eligible to join a redress

 

scheme before the duty applies to them.

 
 

 
 

5

 
 

(6)    

In this section, “property management work” means things done by any

 

person (“A”) in the course of a business in response to instructions received

 

from another person (“C”) where—

 

(a)    

C wishes A to arrange services, repairs, maintenance,

 

improvements or insurance or to deal with any other aspect of the

 

management of premises in England on C’s behalf, and

 

(b)    

the premises consist of or include a dwelling-house let under a

 

relevant tenancy.

 

(7)    

However, “property management work” does not include—

 

(a)    

things done by a person who is a social landlord for the purposes of

 

Schedule 2 to the Housing Act 1996;

 

(b)    

things of a description, or things done by a person of a description,

 

specified for the purposes of this section in an order made by the

 

Secretary of State.

 

(8)    

In subsection (6), “relevant tenancy” means—

 

(a)    

a tenancy which is an assured tenancy for the purposes of the

 

Housing Act 1988;

 

(b)    

a tenancy which is a regulated tenancy for the purposes of the Rent

 

Act 1977;

 

(c)    

a long lease other than one to which Part 2 of the Landlord and

 

Tenant Act 1954 applies;

 

(d)    

a tenancy of a description specified for the purposes of this section

 

in an order made by the Secretary of State.

 

(9)    

An order under subsection (8)(d) may not provide for a tenancy to which

 

Part 2 of the Landlord and Tenant Act 1954 applies to be a relevant tenancy.

 

(10)    

In subsection (8)(c), “long lease” means a lease which is a long lease for the

 

purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and

 

Urban Development Act 1993 or which, in the case of a shared ownership

 

lease (within the meaning given by section 7(7) of that Act), would be such

 

a lease if the tenant’s total share (within the meaning given by that section)

 

were 100 per cent.”

40C

Page 73, line 2, at end insert—

 

“      

Orders under section (Redress schemes: lettings agency work) or (Redress

 

schemes: property management work): enforcement

 

(1)    

An order under section (Redress schemes: lettings agency work)(1) or (Redress

 

schemes: property management work)(1) may make provision —

 

(a)    

for sanctions to be imposed in respect of a breach of a requirement

 

imposed by the order;

 

(b)    

for the investigation of suspected breaches of such a requirement.

 

(2)    

The sanctions for which provision may be made in the order are—

 

(a)    

the imposition of civil penalties;

 

(b)    

the making of orders prohibiting a person from engaging in lettings

 

agency work or (as the case may be) property management work or

 

from engaging in a particular description of such work;

 

(c)    

the creation of criminal offences in respect of breaches of orders

 

mentioned in paragraph (b).

 
 

 
 

6

 
 

(3)    

Provision made for the imposition of a sanction by virtue of subsection

 

(1)(a) must include—

 

(a)    

provision for appeals to a court or tribunal against the imposition of

 

the sanction, and

 

(b)    

such other provision as the Secretary of State considers appropriate

 

for safeguarding the interests of persons on whom the sanction may

 

be imposed.

 

(4)    

Provision made by virtue of this section may confer functions on a person

 

that exercises functions of a public nature.

 

(5)    

The Secretary of State may make payments out of money provided by

 

Parliament to a person on whom functions are conferred by virtue of this

 

section.”

40D

Page 73, line 2, at end insert—

 

“      

Sections (Redress schemes: lettings agency work) to (Orders under section

 

(Redress schemes: lettings agency work) or (Redress schemes: property

 

management work): enforcement): minor definitions

 

(1)    

This section applies for the purposes of sections (Redress schemes: lettings

 

agency work) to (Orders under section (Redress schemes: lettings agency work) or

 

(Redress schemes: property management work): enforcement).

 

(2)    

References to persons who engage in lettings agency work or property

 

management work do not include references to persons who engage in that

 

work in the course of their employment under a contract of employment.

 

(3)    

A “dwelling house” may be a house or part of a house.

 

(4)    

“Local authority” means—

 

(a)    

a county or district council;

 

(b)    

a London borough council;

 

(c)    

the Common Council of the City of London in its capacity as a local

 

authority;

 

(d)    

the Council of the Isles of Scilly.”

40E

Page 73, line 2, at end insert—

 

“      

Approval of redress schemes for the purposes of section (Redress schemes:

 

lettings agency work) or (Redress schemes: property management work)

 

(1)    

The Secretary of State may by order make provision about the approval of

 

redress schemes for the purposes of section (Redress schemes: lettings agency

 

work) or (Redress schemes: property management work), including provision as

 

to—

 

(a)    

the making of applications for approval;

 

(b)    

conditions which must be satisfied before approval may be given;

 

(c)    

conditions which must be complied with by administrators of

 

approved redress schemes;

 

(d)    

the withdrawal of approval.

 

(2)    

The order may make provision about the conditions which must be

 

satisfied before a scheme administered by or on behalf of the Secretary of

 
 

 
 

7

 
 

State may be designated for the purposes of section (Redress schemes: lettings

 

agency work) or (Redress schemes: property management work).”

40F

Page 73, line 2, at end insert—

 

‘      

Orders under sections (Redress schemes: lettings agency work) to (Approval of

 

redress schemes for the purposes of section (Redress schemes: lettings

 

agency work) or (Redress schemes: property management work)):

 

supplemental

 

(1)    

The power to make an order under section (Redress schemes: lettings agency

 

work), (Redress schemes: property management work) or (Approval of redress

 

schemes for the purposes of section (Redress schemes: lettings agency work) or

 

(Redress schemes: property management work)) includes power to make

 

incidental, supplementary, consequential, transitional or saving provision,

 

including doing so by amending any provision made by or under an Act.

 

(2)    

An order under any of those sections must be made by statutory

 

instrument.

 

(3)    

A statutory instrument containing (whether alone or with other

 

provision)—

 

(a)    

an order under section (Redress schemes: lettings agency work) or

 

(Redress schemes: property management work) which includes—

 

(i)    

provision by virtue of section (Orders under section (Redress

 

schemes: lettings agency work) or (Redress schemes: property

 

management work): enforcement), or

 

(ii)    

provision by virtue of subsection (1) of this section that

 

amends an Act, or

 

(b)    

an order under section (Approval of redress schemes for the purposes of

 

section (Redress schemes: lettings agency work) or (Redress schemes:

 

property management work)),

 

    

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

 

approved by a resolution of, each House of Parliament.

 

(4)    

A statutory instrument containing an order under section (Redress schemes:

 

lettings agency work) or (Redress schemes: property management work), other

 

than one to which subsection (3) applies, is subject to annulment in

 

pursuance of a resolution of either House of Parliament.

 

(5)    

Nothing in sections (Redress schemes: lettings agency work) to (Approval of

 

redress schemes for the purposes of section (Redress schemes: lettings agency work)

 

or (Redress schemes: property management work)) prevents a redress scheme

 

from providing—

 

(a)    

for membership to be open to persons who are not subject to the

 

duty to be a member of the scheme;

 

(b)    

for the investigation and determination of any complaints in

 

relation to which the duty does not apply, where the members

 

concerned have voluntarily accepted the jurisdiction of the scheme

 

over those complaints;

 

(c)    

for the exclusion from investigation and determination under the

 

scheme of any complaint in such cases or circumstances as may be

 

specified in or determined under the scheme.’.

40G

Page 76, line 2, at end insert—

 
 

 
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Revised 17 April 2013