S.C.E.
Amendment Paper as at
Thursday 5th February 2004
STANDING COMMITTEE E
HOUSING BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [20th January].
Mr Edward Davey
Matthew Green
Richard Younger-Ross
334
Clause 120, page 84, line 15, leave out 'or intended to be occupied.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
335
Clause 120, page 84, line 16, leave out '(and includes one that is being or is to be constructed)'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
336
Clause 120, page 84, line 20, leave out 'or may become'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
403
Clause 120, page 84, line 20, at end insert
'(3)(a) The Secretary of State may by regulations prescribe the operational date of all or part of the introduction of Part 5 with regard to the capacity to effectively implement;
(b) the Secretary of State may not make any regulations under this section unless a draft of the regulations has been laid before, and approved by a Resolution of each House of Parliament.'.
[R] Relevant registered interest declared.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
337
Clause 121, page 84, line 23, leave out 'first'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
404
Clause 121, page 84, line 24, at end insert
'( ) The Secretary of State may make regulations defining the meaning of marketing for this purpose'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
338
Clause 121, page 84, line 26, leave out 'it is taken off the market or' and insert 'the agent's instructions are terminated in writing or it is.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
339
Clause 121, page 84, line 28, leave out 'or to a section of the public.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
340
Clause 122, page 85, line 6, leave out subsection (3) and insert
'(3) In this Act any estate agent shall be an estate agent licensed by the OFT'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
341
Clause 123, page 85, line 18, leave out 'seller or a'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
390
Clause 123, page 85, line 21, at end insert
'(5) The meaning of "seller" in this section shall be prescribed in regulations made by the Secretary of State.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
391
Clause 125, page 86, line 11, at end insert
'(5) The seller does not become responsible under subsection (1) by marketing the property to an individual who is known to him, by virtue of any informal conversation with that individual.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
342
Clause 125, page 85, line 36, leave out Clause 125.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
344
Clause 127, page 86, line 20, leave out 'have' and insert 'indicate whether or not he has.'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
405
Clause 127, page 86, line 21, after 'control', insert ', seven working days after the property was first put on the market'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
345
Clause 127, page 86, line 21, leave out 'home information pack,' insert 'energy efficiency report'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
346
Clause 127, page 86, line 22, at end insert 'unless the property is explicitly advertised as being sold without a home information pack.'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
406
Clause 127, page 86, line 22, at end insert 'within a permitted period of 14 days of the property being placed on the market'.
Mr David Kidney
373
Clause 127, page 86, line 29, at end insert
'(3) A person has a home information pack under his control for the purposes of subsection (1) of this section if he has the ability to access an electronic version of the information required to be assembled in a home information pack, whether on the internet or otherwise, which shall hereafter be referred to as an "electronic home information pack".
(4) References in this Act to a "document" shall include reference to an electronic document unless the contrary is required by the Act and references in this Act to providing information shall include the making available of information in an electronic form unless the contrary is required.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
1
Page 86, line 19, leave out Clause 127.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
347
Clause 128, page 86, line 31, after first 'a', insert 'registered'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
348
Clause 128, page 86, line 37, leave out 'as it stands'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
349
Clause 128, page 86, line 38, leave out 'at the time'.
Mr David Kidney
374
Clause 128, page 87, line 1, after 'document' add 'or makes such a document available electronically'.
Mr John Hayes
Mr Robert Syms [R]
Mark Field
Sir Sydney Chapman
426
Clause 128, page 87, line 5, leave out subsections (4) and (5).
Mr Edward Davey
Matthew Green
Richard Younger-Ross
352
Clause 128, page 87, line 10, leave out paragraph (c) and insert
'(c) | is a person to whom the seller has indicated that he is not prepared to sell the property.'. |
Mr Edward Davey
Matthew Green
Richard Younger-Ross
392
Clause 128, page 87, line 11, at end insert
'(d) | presents a threat to the security or privacy of the seller.'. |
Mr David Kidney
375
Clause 128, page 87, line 26, at the beginning insert 'Save where the seller makes available an electronic home information pack,'.
Mr David Kidney
376
Clause 128, page 87, line 34, leave out subsection 9 and insert
'(9) A person shall be entitled to comply with the duty under subsection (1) by providing access to an electronic home information pack unless he reasonably believes that the prospective buyer is unable to access information in that form.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
353
Clause 128, page 87, line 36, at end add
'(10) All the documents and information contained in the home information pack shall be confidential to the seller, the person acting on his behalf as an estate agent, a person acting on his behalf as a solicitor or conveyancer, and any bona fide buyer or potential buyer.'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
394
Clause 128, page 87, line 36, at end add
'(10) The meaning of "registered potential buyer" shall be provided in regulations made by the Secretary of State'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
2
Page 86, line 30, leave out Clause 128.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
407
Clause 129, page 87, line 41, after 'duty', insert 'to take all reasonable care'.
Mr John Hayes
Mr Robert Syms [R]
Mr Mark Field
408
Clause 130, page 88, line 19, after 'behalf,', insert 'within a permitted period of 14 days of the property being placed on the market'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
354
Clause 131, page 89, line 4, after 'possession' insert 'or to properties in areas of low housing demand'.
Mr Edward Davey
Matthew Green
Richard Younger-Ross
355
Clause 133, page 89, line 19, at end insert
'(1A) Before making regulations for the purposes described in subsection (1) the Secretary of State shall consult with representatives of those bodies likely to have an interest in or be affected by the proposals.'.