Amendments proposed to the Housing Bill - continued House of Commons

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Mr Keith Hill

458

Clause     204,     page     140,     line     26,     after '154,' insert '(Power to amend terms implied in site agreements),'.

   

Mr Keith Hill

459

Clause     204,     page     140,     line     32,     leave out '167' and insert '164, (Particulars of site agreements to be given in advance), (Implied terms relating to termination of agreements or disposal of mobile homes), (Succession to site agreements by same sex partners), (Extension of protection from harassment for occupiers of mobile homes), 165 to'.

   

Mr Keith Hill

428

Clause     204,     page     140,     line     32,     leave out second 'and' and insert—

       '(aa) Schedule (Registered social landlords), except paragraphs 15 and 16, and'

   

Mr Keith Hill

460

Clause     204,     page     140,     line     34,     at beginning insert 'The provisions listed in subsection (4A) come into force—

      (a)  where they are to come into force in relation only to Wales, on such day as the National Assembly for Wales may by order appoint, and

      (b) otherwise, on such day as the Secretary of State may by order appoint.

    (4A)   The provisions referred to in subsection (4) are'.

   

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

429

Clause     204,     page     140,     line     34,     after '200', insert ', paragraphs 15 and 16 of Schedule (Registered social landlords)'.

   

Mr Keith Hill

80

Clause     204,     page     140,     line     35,     after 'Schedules', insert '(Residential property tribunals: procedure),'.

   

Mr Keith Hill

461

Clause     204,     page     140,     line     35,     leave out from '11' to end of line 38.

   

Mr Keith Hill

462

Clause     204,     page     141,     line     11,     at beginning insert 'Subject to subsections (11) and (12),'.

   

Mr Keith Hill

463

Clause     204,     page     141,     line     11,     at end insert—

    '(11)   Any amendment or repeal made by this Act has the same extent as the enactment to which it relates, except that any amendment or repeal in—

the Mobile Homes Act 1983 (c.34), orthe Crime and Disorder Act 1998 (c.37),

    extends to England and Wales only.

    (12)   This section extends to the whole of the United Kingdom.'.


NEW CLAUSES RELATING TO PART 7

Residential 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—

      (a) with the permission of the residential property tribunal or the Lands Tribunal, and

      (b) within the time specified by rules under section 3(6) of the Lands Tribunal Act 1949 (c.42).

    (3)   On the appeal—

      (a) the Lands Tribunal may exercise any power which was available to the residential property tribunal, and

      (b) a decision of the Lands Tribunal may be enforced in the same way as a decision of the residential property tribunal.

    (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
Mr Edward Davey
Richard Younger-Ross

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: procedure

      Procedure regulations

    (1) The appropriate national authority may make regulations about the procedure of residential property tribunals.

    (2) Nothing in the following provisions of this Schedule affects the generality of sub-paragraph (1).

    (3) In those provisions—

"procedure regulations" means regulations under this paragraph;"tribunal" means a residential property tribunal.

      Appeals

    (1) Procedure regulations may include provision, in relation to applications to tribunals—

            (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.

    (2) Procedure regulations may include provision, in relation to appeals to tribunals—

            (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.

    (3) Procedure regulations may include provision dispensing with the service of the notices or copies mentioned in sub-paragraph (1)(b) or (2)(b) in such cases of urgency as are specified in the regulations.

      Transfers

    (1) This paragraph applies where, in any proceedings before a court, there falls for determination a question which a tribunal would have jurisdiction to determine on an application or appeal to the tribunal.

    (2) The court—

            (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.

    (3) When the tribunal has determined the question, the court may give effect to the determination in an order of the court.

    (4) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this paragraph.

    (5) Procedure regulations may prescribe the procedure to be followed in a tribunal consequent on a transfer under this paragraph.

    (6) Nothing in this Act affects any power of a court to make an order that could be made by a tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—

            (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.

    (1) Procedure regulations may include provision enabling persons to be joined as parties to the proceedings.

    (2) Procedure regulations may include provision enabling persons who are not parties to proceedings before a tribunal to make oral or written representations to the tribunal.

      Information

    (1) A tribunal may serve a notice requiring any party to proceedings before it to give to the tribunal any information which the tribunal may require.

    (2) The information must be given to the tribunal within such period (of not less than 14 days) from the date of service of the notice as is specified in the notice.

    (3) A person commits an offence if he fails to comply with a notice served on him under sub-paragraph (1).

    (4) A person who commits an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (5) In proceedings against a person for an offence under sub-paragraph (3) it is a defence that he had a reasonable excuse for failing to comply with the notice.

      Pre-trial reviews etc.

    (1) Procedure regulations may include provision for the holding of a pre-trial review (on the application of a party to the proceedings or on the tribunal's own initiative).

    (2) Procedure regulations may provide for functions of a tribunal in relation to, or at, a pre-trial review to be exercised by a single qualified member of the panel.

    (3) Procedure regulations may provide for other functions as to preliminary or incidental matters to be exercised by a single qualified member of the panel.

    (4) For the purposes of this paragraph—

            (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

     Procedure regulations may include provision empowering tribunals to make orders, on an interim basis—

            (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

    (1) Procedure regulations may include provision as to—

            (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.

    (2) In this paragraph "additional relief" means relief additional to any relief specifically authorised by any provision of Parts 1 to 4 of this Act.

      Dismissal

     Procedure regulations may include provision empowering tribunals to dismiss applications, appeals or transferred proceedings, in whole or in part, on the ground that they are—

            (a)   frivolous or vexatious, or

            (b)   otherwise an abuse of process.

      Determination without hearing

    10 (1) Procedure regulations may include provision for the determination of applications, appeals or transferred proceedings without an oral hearing.

    (2) Procedure regulations may provide for a single qualified member of the panel to make determinations without an oral hearing.

    (3) For the purposes of sub-paragraph (2)—

            (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

    11 (1) Procedure regulations may include provision requiring the payment of fees in respect of applications, appeals or transfers of proceedings to, or oral hearings by, tribunals.

    (2) The fees payable shall be such as are specified in or determined in accordance with procedure regulations.

    (3) But the fee (or, where fees are payable in respect of both an application, appeal or transfer and an oral hearing, the aggregate of the fees) payable by a person in respect of any proceedings must not exceed—

            (a)   £500, or

            (b)   such other amount as may be specified in procedure regulations.

    (4) Procedure regulations may empower a tribunal to require a party to proceedings before it to reimburse another party to the proceedings the whole or any part of any fees paid by him.

    (5) Procedure regulations may provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.

    (6) If they do so they may apply, subject to such modifications as may be specified in the regulations, any other statutory means-testing regime as it has effect from time to time.

      Costs

    12 (1) A tribunal may determine that a party to proceedings before it is to pay the costs incurred by another party in connection with the proceedings in any circumstances falling within sub-paragraph (2).

    (2) The circumstances are where—

            (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.

    (3) The amount which a party to proceedings may be ordered to pay in the proceedings by a determination under this paragraph must not exceed—

            (a)   £500, or

            (b)   such other amount as may be specified in procedure regulations.

    (4) A person may not be required to pay costs incurred by another person in connection with proceedings before a tribunal, except—

            (a)   by a determination under this paragraph, or

            (b)   in accordance with provision made by any enactment other than this paragraph.

      Enforcement

    13  Procedure regulations may provide for decisions of tribunals to be enforceable, with the permission of a county court, in the same way as orders of such a court.'.



 
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