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Mrs. Maddock: Moving homeless people into local authority housing, only to move them out again, is totally ridiculous. We can see how ridiculous, in legislation that gives the Secretary of State power almost to deal with individual properties. That shows how crazy is the measure.

Lords amendment agreed to.

Lords amendments Nos. 205 to 245 agreed to.

Clause 203

Extent


Lords amendment: No. 246, in page 115, line 5, leave out from ("that") to end of line 10 and insert--
("(a) amendments or repeals of provisions of the Housing Associations Act 1985, other than in consequence of paragraph 1 of Schedule 15 to this Act (repeal of Part IV of the Housing Act 1988), do not extend to Scotland,
(b) amendments or repeals of provisions of the Housing Act 1988 relating to registered housing associations do not extend to Scotland,
(c) amendments or repeals of provisions of the Asylum and Immigration Appeals Act 1993 or the Asylum and Immigration Act 1996 do not extend to Scotland or Northern Ireland, and
(d) repeals of the following provisions do not extend to Scotland--
(i) section 24(5)(a) and (c) of the Local Government Act 1988,
(ii) section 182 of the Local Government and Housing Act 1989,
(iii) paragraph 21(3) of Schedule 6 to the Charities Act 1993, and
(iv) provisions in Schedule 26 to the Local Government, Planning and Land Act 1980.")

Mr. Clappison: I beg to move, That this House doth agree with the Lords in the said amendment.

Madam Deputy Speaker: With this, it will be convenient to discuss Lords amendments Nos. 249, 250 and 327.

Mr. Clappison: These are technical amendments and I ask the House to support them.

Lords amendment agreed to.

Clause 204

Commencement


Lords amendments Nos. 247 to 250 agreed to.

Schedule 1

Registered Social Landlords: Regulation


Lords amendments Nos. 251 to 269 agreed to.

22 Jul 1996 : Column 100

Schedule 2

Social Rented Sector: Housing Complaints


Lords amendments Nos. 270 and 271 agreed to.

Schedule 3

Social Rented Sector: Minor Amendments


Lords amendments Nos. 272 and 273 agreed to.

Schedule 3

Social Rented Sector: Minor Amendments


Lords amendment: No. 274, in page 136, leave out lines 42 to 49 and insert--
("Realisation of value of Corporation's loans portfolio.
76A.--(1) The Corporation may, and if so directed by the Secretary of State (under section 76) shall, enter into arrangements of a description approved by the Secretary of State for the purpose of realising the value of the whole or part of its loans portfolio.
(2) The arrangements may provide for--
(a) the transfer of any estate or interest of the Corporation, or
(b) the creation or disposal of economic interests not involving a transfer of an estate or interest,
and may extend to such incidental or ancillary matters as the Corporation or the Secretary of State considers appropriate.
(3) In this section the Corporation's "loans portfolio" means the Corporation's rights and obligations in relation to any loans or related securities.
(4) Nothing in the terms of any loan or related transaction entered into by the Corporation shall be construed as impliedly prohibiting or restricting the Corporation from dealing with its loans portfolio in accordance with arrangements under this section.".)

Motion made, and Question proposed, That this House doth agree with the Lords in the said amendment.--[Mr. Curry.]

Madam Deputy Speaker: With this, it will be convenient to discuss Lords amendment No. 276.

Mr. Raynsford: This amendment might be described as the one that sells off the family silver. It is concerned with the disposal of the Housing Corporation's loans portfolio. I rise only to draw attention to widely held fears in the housing world that there will be yet further cuts in the budget for housing association investment in the coming year.

The Government have cut the Housing Corporation's budget in each of the last two years by some £300 million on each occasion, causing enormous damage to the investment programmes of hundreds of housing associations and reducing dramatically the numbers of homes being produced for people in need. If there were to be a further cut in the Housing Corporation's budget in the coming year, that would do even more damage to an already woefully depleted housing programme.

At a time when the Government are giving themselves powers to dispose of the corporation's loans portfolio, it would be a sensible first application of the funds received to restore the cuts in housing association investment programmes to ensure that, in the years ahead, we can

22 Jul 1996 : Column 101

look forward to an expanding programme of social housing, rather than facing yet further reductions in an already hopelessly inadequate housing programme.

Lords amendment agreed to.

Lords amendments Nos. 275 to 277 agreed to. [One with Special Entry.]

Schedule 5

Text of Part II of the Landlord and Tenant Act 1987, as amended

Lords amendments Nos. 278 to 285 agreed to.

Lords amendment No. 286 disagreed to.

Amendments made in lieu of the Lords amendment: (a), in page 144, line 43, leave out from first 'order' to end of line 45 and insert


'subject to this limit, that the fees payable in respect of any one application or reference by the court together with any proceedings before the tribunal arising out of that application or reference shall not exceed £500 or such other amount as may be specified by order of the Secretary of State.'.

(b), in page 145, line 1, leave out 'which, unless the order' and insert--


'( ) No order altering the limit under subsection (3) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
( ) Any other order under this section, unless it'.--[Mr. Brandreth.]

After Schedule 5

Lords amendment: No. 287, after schedule 5, to insert the following new schedule--("SCHEDULE--

Amendments of Part I of the Landlord and Tenant Act 1987
Part I
Rights of first refusal

The following sections are substituted for sections 5 to 10 of the Landlord and Tenant Act 1987--

"Rights of first refusal
Landlord required to serve offer notice on tenants

5.--(1) Where the landlord proposes to make a relevant disposal affecting premises to which this Part applies, he shall serve a notice under this section (an "offer notice") on the qualifying tenants of the flats contained in the premises (the "constituent flats").
(2) An offer notice must comply with the requirements of whichever is applicable of the following sections--
section 5A (requirements in case of contract to be completed by conveyance ,&c.),
section 5B (requirements in case of sale at auction),
section 5C (requirements in case of grant of option or right of pre-emption);
section 5D (requirements in case of conveyance not preceded by contract, &c.);
and in the case of a disposal to which section 5E applies (disposal for non-monetary consideration) shall also comply with the requirements of that section.
(3) Where a landlord proposes to effect a transaction involving the disposal of an estate or interest in more than one building (whether or not involving the same estate or interest), he shall, for the purpose of complying with this section, sever the transaction so as to deal with each building separately.

22 Jul 1996 : Column 102


(4) If, as a result of the offer notice being served on different tenants on different dates, the period specified in the notice as the period for accepting the offer would end on different dates, the notice shall have effect in relation to all the qualifying tenants on whom it is served as if it provided for that period to end with the latest of those dates.
(5) A landlord who has not served an offer notice on all of the qualifying tenants on whom it was required to be served shall nevertheless be treated as having complied with this section--
(a) if he has served an offer notice on not less than 90% of the qualifying tenants on whom such a notice was required to be served, or
(b) where the qualifying tenants on whom it was required to be served number less than ten, if he has served such a notice on all but one of them.

Offer notice: requirements in case of contract to be completed by conveyance, &c

5A.--(1) The following requirements must be met in relation to an offer notice where the disposal consists of entering into a contract to create or transfer an estate or interest in land.
(2) The notice must contain particulars of the principal terms of the disposal proposed by the landlord, including in particular--
(a) the property, and the estate or interest in that property, to which the contract relates,
(b) the principal terms of the contract (including the deposit and consideration required).
(3) The notice must state that the notice constitutes an offer by the landlord to enter into a contract on those terms which may be accepted by the requisite majority of qualifying tenants of the constituent flats.
(4) The notice must specify a period within which that offer may be so accepted, being a period of not less than two months which is to begin with the date of service of the notice.
(5) The notice must specify a further period of not less than two months within which a person or persons may be nominated by the tenants under section 6.
(6) This section does not apply to the grant of an option or right of pre-emption (see section 5C).


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