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(a) the council shall bear the name "Cyngor Bwrdeistref" instead of "Council of the Borough" or "Borough Council" ;

(b) the chairman of the council shall be entitled to the style "maer" instead of "mayor" ; and


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(c) the vice-chairman of the council shall be entitled to the style "dirprwy maer" instead of "deputy mayor".

(2) Subject to subsection (3) below, subsection (1) above shall come into force in relation to a district which has the status of a borough, or for which the style of borough may be used, three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council's description shall be used.

(3) A resolution under subsection (2) above may be passed by the council of a district in Wales notwithstanding that, at the time it is passed, the council does not have the status of a borough ; but, if a resolution is passed at such a time, subsection (1) above shall not come into force unless, nor earlier than, the status of a borough is conferred on the district by virtue of section 245(1) above. (4) Subsection (1) above shall cease to be in force in relation to a district which has the status of a borough, or for which the style of borough may be used, three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council's description shall cease to be used. (5) If and so long as this subsection is in force in relation to a community which, by virtue of section 245(6) above, has the status of a town--

(a) the council shall bear the name "Cyngor Tref" instead of "council of the town" or "town council" ;

(b) the chairman of the council shall be entitled to the style "maer y dref" instead of "town mayor" ; and

(c) the vice-chairman of the council shall be entitled to the style "dirprwy faer y dref" instead of "deputy town mayor".

(6) Subsection (5) above shall come into force in relation to a community which has the status of a town three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council's description shall be used.

(7) Subsection (5) above shall cease to be in force in relation to a community which has the status of a town three months after the day on which, at a specially convened meeting of the council, it is resolved by a two-thirds majority of the members present and voting that the Welsh language form of the council's description shall cease to be used.

(8) Subsection (10) of section 245 above has effect in relation to this section as it has effect in relation to the foregoing provisions of that section.".'.-- [Mr. Gummer.]

Schedule 8

Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act

1985

Amendments made : No. 16, in page 166, line 10, leave out from is' to or' in line 12 and insert

a protected occupier, within the meaning of the Rent (Agriculture) Act 1976'.

No. 17, in page 175, line 11, leave out from entry)' to there' in line 13 and insert

at the end of subsection (3)'.-- [Mr. Gummer.]

Clause 139

Amendments relating to defective housing

Amendment made : No. 35, in page 123, line 29, at end insert-- (6) In section 567 of the 1985 Act (modifications of Part XVI in relation to shared ownership leases) for subsections (1) to (3) there shall be substituted the following subsections--

"(1) If it appears to a local housing authority that the interest of a person eligible for assistance in respect of a defective dwelling in their area is--

(a) a shared ownership lease, or

(b) the freehold acquired under the terms of a shared ownership lease,


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the authority shall prepare and submit to the Secretary of State a scheme providing for the provisions of this Part to have effect, in their application to such a case, subject to such modifications as may be specified in the scheme.

(2) A scheme under subsection (1) above shall not have effect unless approved by the Secretary of State ; and any such approval may be made conditional upon compliance with requirements specified by him."

(7) Any power of the Secretary of State to make regulations under subsection (4) of section 567 of the Housing Act 1985 shall cease to have effect ; and in paragraph (d) of that section after the word "class" there shall be inserted "or description.".'.-- [Mr. Gummer.]

Clause 141

Powers of local authorities and Secretary of State as respects services etc. for owners and occupiers of houses for work on them. Amendments made : No. 301, in page 124, line 5, leave out from provide' to second or' in line 7 and insert

professional, technical and administrative services for owners or occupiers of dwellings in connection with their arranging or carrying out relevant works'.

No. 302, in page 124, line 9, leave out they' and insert the authority'.

No. 303, in page 124, line 9, at end insert--

( ) Works are relevant works in relation to a dwelling or, as the case may be, a dwelling in any area, if they are works of any of the following descriptions, that is to say--

(a) works to cause the dwelling to be fit for human habitation, (

(b) where the occupant is disabled, works for any of the purposes specified in section 102(2) or (3) above,

(c) works for any of the purposes specified in section 103(2) above, and

(d) works for any of the purposes specified in or under section 117(1) above.'

No. 304, in page 124, line 23, leave out houses' and insert dwellings'.

No. 305, in page 124, leave out 39 to 44.

No. 306, in page 124, line 49, leave out houses' and insert dwellings'.

No. 307, in page 125, line 15 leave out from charities' to end of line 19.

No. 308, in page 125, leave out 20 to 23.

No. 58, in page 125, line 23, at end insert--

"housing association" means a housing association within the meaning of section 1(1) of the Housing Associations Act 1985, or a body established by such a housing association for the purpose of, or having among its purposes or objects, those mentioned in section 4(3)(e) of that Act (providing services of any description for owners or occupiers of houses in arranging or carrying out works of maintenance, repair or improvement, or encouraging or facilitating the carrying out of such works) ; '.

No. 309, in page 125, line 27, leave out as respects England and Wales'.

No. 310, in page 125, leave out lines 29 and 30-- [Mr. Gummer.]

Schedule 10

Minor and consequential amendments

3.30 am

Mr. Gummer : I beg to move amendment No. 12, in page 191, line 6, at end insert--

The Sexual Offences Act 1956 In Schedule 1 to the Sexual Offences Act 1956 (rights of landlord where tenant convicted of permitting use of premises


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as a brothel) at the end of paragraph 5 there shall be added "Part I of the Housing Act 1988 and Schedule 9 to the Local Government and Housing Act 1989".'

Madam Deputy Speaker : With this it will be convenient to take Government amendments Nos. 13, 166, 14, 15 and 18.

Mr. Gummer : These are drafting amendments.

Mr. Tony Banks : I ask the Minister to give us some more detail to clarify Government amendment No. 18.

Mr. Gummer : Government amendment No. 18 is purely a drafting amendment. It introduces references to the long title to cover provisions that are consequential to parts I and II of the Housing Act 1988. When a house has been acquired or appropriated by a local authority for planning purposes, section 130 provides that the security that is given by the Rent Act to a tenancy of that property does not stop the local authority from obtaining possession.

Mr. Banks : Why parts I and II only of the Housing Act 1988? Why not the whole of the Act?

Mr. Gummer : Because the amendment is more appropriate to parts I and II.

Amendments made : No. 59, in page 191, line 6, at end insert-- The Military Lands Act 1892 In section 8 of the Military Lands Act 1892 (provisions as to disbandment of volunteer corps etc.) subsection (3) shall be omitted.

The Small Holdings and Allotments Act 1908 In section 52 of the Small Holdings and Allotments Act 1908 (borrowing powers and expenses) subsection (3) shall be omitted.'.

No. 13 in page 191, line 21, at end insert--

The Leasehold Reform Act 1967 In section 16 of the Leasehold Reform Act 1967 (exclusion of further rights after extension of lease) after subsection (1A) there shall be inserted the following subsection--

"(1B) A tenancy extended under section 14 above shall not be an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and Schedule 9 to the Local Government and Housing Act 1989 shall not apply to a tenancy so extended." '.

No. 66, in page 191, line 24, leave out from immunities)' to The' in line 25 and insert

after paragraph 9A there shall be inserted the following paragraph--

"9B'.

No. 166, in page 191, line 37, leave out from beginning to (scope' and insert--

5.--(1) In section 130 of the Town and Country Planning Act 1971 (displacement of persons from land acquired or appropriated) in subsection (3) after the words "nothing in" there shall be inserted "Part I of the Housing Act 1988 or".

(2) In section 192 of that Act'.

No. 116, in page 192, line 19, at end insert--

( ) In sub-paragraphs (1) and (2) of paragraph 41 of Schedule 12 to that Act (recording the minutes of meetings of local authorities), for the word "following" there shall be substituted "suitable" ; and after sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph

"(4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 17 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.".'.


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No. 229, in page 192, line 25, at end insert-- Local Government (Scotland) Act 1973 . In sub-paragraph (1) of paragraph 7 of Schedule 7 to the Local Government (Scotland) Act 1973 (recording the minutes of meetings of local authorities) for the word "following" there shall be substituted the word "suitable"; and after sub- paragraph (2) of that paragraph there shall be inserted the following sub- paragraph--

"(3) For the purposes of sub-paragraph (1) above, the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 17 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.".'.

No. 120, in page 192, line 26, at end insert--

.In section 23(4) of the Local Government Act 1974 (consultation in appointing Local Commissioners), for the words "appropriate representative body," there shall be substituted the words "such persons as appear to the Secretary of State to represent authorities in England or, as the case may be, authorities in Wales to which this Part of this Act applies".

.In section 23(12) of the Local Government Act 1974 (triennial reports to Part III authorities) the words "(through the appropriate representative body designated under section 24 below)" shall be omitted and at the end there shall be inserted the words "and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned".'.

No. 158, in page 193, line 17, leave out from beginning to (local' in line 18 and insert--

15.--(1) In section 33 of the Local Government (Miscellaneous Provisions) Act 1976 (restoration or continuation of supply of water, gas or electricity) in subsection (4) for the word "and", where it first occurs, there shall be substituted "the sum so recoverable, together with any interest accrued due, shall, until recovered, be a charge on the premises concerned and if" and at the end of that subsection there shall be inserted the following subsection "(4A) A charge under subsection (4) above takes effect from the date when the council makes the payment referred to in that subsection and, for the purposes of enforcing a charge,--

(a) the council shall have the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and, subject to paragraph (b) below of appointing a receiver ; and

(b) the power to appoint a receiver shall be exercisable at any time after the expiry of one month from the date when the charge takes effect."

15A. In section 40 of that Act.'.

No. 14, in page 193, line 21, at end insert--

The Rent (Agriculture) Act 1976

In section 33 of the Rent (Agriculture) Act 1976 (suspension of condition attached to planning permission), in subsection (2) after the words "let on or subject to" there shall be inserted "an assured agricultural occupancy, within the meaning of Chapter III of Part I of the Housing Act 1988, or".'.

No. 49, in page 195, line 17, at end insert and in this sub-paragraph "year" has the same meaning as in Part XIII of that Act (general financial provisions)'.

No. 312, in page 197, line 9, at end insert--

The Local Government Act 1988 In section 25 of the Local Government Act 1988 (consent required for provision of financial assistance etc.) in subsection (1)(b) after the word "power" there shall be inserted "(whether conferred before or after the passing of this Act)".'.

No. 313, in page 197, line 10, leave out the Local Government Act 1988' and insert that Act'.


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No. 327, in page 198, line 40, leave out from beginning to (assistance' and insert--

(1) In section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy), in subsection (1)(a) for the words "a statutory periodic tenancy" there shall be substituted "an assured shorthold periodic tenancy (whether statutory or not)".

(2) In section 129(5)(b) of that Act'.

No. 15, in page 198, line 43, at end insert--

In Schedule 6 to that Act, in paragraph 9 (amendments of section 15 of Housing Associations Act 1985), in sub-paragraph (2) for "(3)" there shall be substituted "(2A)".'

No. 105, in page 198, line 43, at end insert--

In Schedule 5 to that Act (Housing for Wales), in paragraph 5 (remuneration and allowances), in sub-paragraph (1)--

(a) for the words "Secretary of State" there shall be substituted "Corporation" ; and

(b) for the word "he" there shall be substituted "Secretary of State".'-- [Mr. Gummer.]

SCHEDULE 11

Enactments Repealed

Amendments made : No. 99, in page 199, line 7, at end insert--

45 and 46 Vict. c.50. The Municipal Corpora-tions Act 1882. In Part I of Schedule 9, the entry relating to the Local Loans Act 1875.'

No. 100, in page 199, line 9, at end insert--

51 & 52 Vict. c.25. The Railway and Canal Traffic Act 1888. In section 54, subsections (3) and (4).

55 & 56 Vict. c.43. The Military Lands Act 1892. Section 8(3). 8 Edw. 7 c.36 The Small Holdings and Allotments Act 1908. Section 52(3).'

No. 101, in page 199, line 13, at end insert--

11 & 12 Geo. 6 c.26. The Local Government Act 1948. In section 125(2)(d), the words from "section thirty" to "Act) or".' No. 102, in page 199, line 33, column 3, at end insert

Section 123(6).'

No. 103, in page 200, line 2, column 3, at end insert

In section 74(5), the words from "(including" to "1875)".'

No. 104, in page 200, line 31, column 3, at beginning insert--

In section 14(4), the words from "section 34" to "1875 and".'

No. 109, in page 200, line 47, column 3, at beginning insert--


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