Amendments proposed to the Housing Bill - continued | House of Commons |
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Mr Keith Hill 206 Schedule 11, page 196, line 3, at end insert
Mr Keith Hill 207 Schedule 11, page 196, line 9, at end insert
Mr Keith Hill 208 Schedule 11, page 196, line 9, at end insert
Mr Keith Hill 209 Schedule 11, page 196, line 9, at end insert
Mr Edward Davey 254 Schedule 11, page 196, line 15, leave out 'to 208' and insert 'and sections 190A to 208'.
Mr Keith Hill 22 Schedule 11, page 196, line 21, column 2, at end insert
Mr Keith Hill 24 Schedule 11, page 196, line 31, column 2, at end insert
Mr Keith Hill 169 Schedule 11, page 196, line 34, column 2, at end insert'Section 318(4).'.
Mr Keith Hill 25 Schedule 11, page 196, line 35, column 2, at end insert 'and ", or an obstructive building order,".'.
Mr Keith Hill 26 Schedule 11, page 196, line 38, column 2, after '"house"', insert ', "obstructive building", "obstructive building order".'.
Mr Keith Hill 210 Schedule 11, page 196, line 52, at end insert
Mr Keith Hill 211 Schedule 11, page 196, line 52, at end insert
Mr Keith Hill 212 Schedule 11, page 197, line 3, at end insert
Mr Keith Hill 213 Schedule 11, page 197, line 26, at end insert
Mr Keith Hill 19 Clause 204, page 140, line 34, leave out 'Parts 1 to 4, and" and insert 'Part 1 (other than section 8), Parts 2 to 4,'.
Mr Keith Hill 79 Clause 204, page 140, line 34, after '168,', insert '(Residential property tribunals), (Appeals from residential property tribunals),'.
Mr Keith Hill 80 Clause 204, page 140, line 35, after 'Schedules', insert '(Residential property tribunals: procedure),'.
NEW CLAUSES RELATING TO PART 7Residential property tribunals
Mr Keith Hill NC12 To move the following Clause:'(1) Any jurisdiction conferred on a residential property tribunal by or under any enactment is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (c.42). (2) When so constituted for exercising any such jurisdiction a rent assessment committee is known as a residential property tribunal. (3) The appropriate national authority may by order make provision for and in connection with conferring on residential property tribunals, in relation to such matters as are specified in the order, such jurisdiction as is so specified. (4) An order under subsection (3) may modify an enactment (including this Act). (5) Schedule (Residential property tribunals: procedure) (Residential property tribunals: procedure) has effect.'.
Appeals from residential property tribunals
Mr Keith Hill NC13 To move the following Clause:'(1) A party to proceedings before a residential property tribunal may appeal to the Lands Tribunal from a decision of the residential property tribunal. (2) But the appeal may only be made
(3) On the appeal
(4) Section 11(1) of the Tribunals and Inquiries Act 1992 (c.53) (appeals from certain tribunals to High Court) does not apply to any decision of a residential property tribunal. (5) For the purposes of section 3(4) of the Lands Tribunal Act 1949 (c.42) (which enables a person aggrieved by a decision of the Lands Tribunal to appeal to the Court of Appeal) a residential property tribunal is not to be regarded as an aggrieved person.'.
Meaning of house in multiple occupation
Matthew Green NC18B To move the following Clause:'The Secretary of State may by regulation set out the meaning of "house in multiple occupation".'.
NEW SCHEDULE RELATING TO PART 7
Mr Keith Hill NS1 To move the following Schedule:
'Residential property tribunals: procedureProcedure regulations
"procedure regulations" means regulations under this paragraph;"tribunal" means a residential property tribunal. Appeals
(a) about the form of such applications and the particulars to be contained in them, and
(b) requiring the service of notices of such applications.
(a) about the form of notices of appeal and the particulars to be contained in them, and
(b) requiring the service of copies of such notices.
Transfers
(a) may by order transfer to the tribunal so much of the proceedings as relate to the determination of that question, and
(b) may then dispose of all or any remaining proceedings, or adjourn the disposal of all or any remaining proceedings pending the determination of that question by the tribunal, as it thinks fit.
(a) the court has not made a transfer under this paragraph, and
(b) the order is made by the court in connection with disposing of any proceedings before it.
Parties etc.
Information
Pre-trial reviews etc.
(a) a person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; and
(b) "the panel" means the panel provided for in Schedule 10 to the Rent Act 1977 (c.42).
Interim orders
(a) suspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before them;
(b) granting any remedy which they would have had power to grant in their final decisions.
Additional relief
(a) any additional relief which tribunals may grant in respect of proceedings before them; and
(b) the grounds on which such relief may be granted.
Dismissal
(a) frivolous or vexatious, or
(b) otherwise an abuse of process.
Determination without hearing
(a) a person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; and
(b) "the panel" means the panel provided for in Schedule 10 to the Rent Act 1977 (c.42).
Fees
(a) £500, or
(b) such other amount as may be specified in procedure regulations.
Costs
(a) he has made an application or appeal to the tribunal which is dismissed in accordance with regulations made by virtue of paragraph 9, or
(b) he has, in the opinion of the tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings.
(a) £500, or
(b) such other amount as may be specified in procedure regulations.
(a) by a determination under this paragraph, or
(b) in accordance with provision made by any enactment other than this paragraph.
Enforcement
ORDER OF THE HOUSE [12TH JANUARY 2004]That the following provisions shall apply to the Housing Bill:
Committal 1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Committee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 24th February 2004.3. The Standing 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. Sessional Order B (programming committees) made on 28th June 2001 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 Message from the Lords) may be programmed.
PROGRAMME ORDER OF THE COMMITTEE (20TH JANUARY 2004)That(1) during proceedings on the Housing Bill the Standing Committee shall meet when the House is sitting on Tuesdays and Thursdays at 9.10 a.m. and 2.30 p.m.; (2) 18 sittings in all shall be allotted to the consideration of the Bill by the Committee; (3) the proceedings shall be taken in the order shown in the Table below and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.
TABLE
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