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Mr Secretary Prescott
76
Page 135 [Clause 179], leave out from the beginning of line 46 to the end of line 2 on page 136 and insert—
| | '"(2) | Sub-paragraphs (1A) to (1H) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph."'. |
Mr Secretary Prescott
77
Page 137, line 13, leave out Clause 181.
Mr Secretary Prescott
78
Page 138, line 16, leave out Clause 183.
Mr Secretary Prescott
18
Page 140, line 9 [Clause 186], at end insert—
'(4A) As regards grants made by the Housing Corporation, an order under subsection (3) may also require the imposition of conditions in connection with such grants, and for this purpose may—
| (a) | prescribe conditions that are to be so imposed; |
| (b) | prescribe matters about which conditions are to be so imposed and any particular effects that such conditions are to achieve.'. |
Mr Secretary Prescott
19
Page 140, line 18 [Clause 186], at end insert—
'(5A) If, by virtue of subsection (4A), an order under subsection (3) requires conditions to be imposed by the Housing Corporation in connection with a grant to a company under this section, the Corporation in making the grant—
| (a) | must provide that the grant is conditional on compliance by the company with such conditions as are required by the order; and |
| (b) | if it exercises its power to impose conditions under subsection (6), must not impose any that are inconsistent with the requirements of the order.'. |
John Hayes
Robert Syms [R]
Hugo Swire
130
*Page 140, line 18, [Clause 186], at end insert—
'(e) any conditions necessary to ensure equivalence of regulation between recipients of grant under this section and registered social landlords.
(f) any conditions necessary to ensure equivalence of standards between recipients of grant under this section and registered social landlords.'.
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
120
Page 146, line 38 [Clause 194], at end insert—
'(3A) The regulations may empower local authorities to require, by notice, owners of houses in multiple occupation to carry out such works or actions as may be necessary to put in place, or observe, satisfactory standards of management.'.
Mr Secretary Prescott
47
Page 152, line 16 [Clause 205], after '4' insert 'or this Part'.
Mr Secretary Prescott
48
Page 152 [Clause 205], leave out lines 32 to 40 and insert—
'(5) A document required or authorised by any of Parts 1 to 4 or this Part to be served on a person as—
| (a) | a person having control of premises, |
| (b) | a person managing premises, |
| (c) | a person having an estate or interest in premises, or |
| (d) | a person who (but for an interim or final management order under Part 4) would fall within paragraph (a) or (b), |
may, if it is not practicable after reasonable enquiry to ascertain the name or address of that person, be served in accordance with subsection (5A).
(5A) A person having such a connection with any premises as is mentioned in subsection (5)(a) to (d) is served in accordance with this subsection if—
| (a) | the document is addressed to him by describing his connection with the premises (naming them), and |
| (b) | delivering the document to some person on the premises or, if there is no person on the premises to whom it can be delivered, by fixing it, or a copy of it, to some conspicuous part of the premises.' |
Mr Secretary Prescott
49
Page 153, line 11 [Clause 205], leave out from '"premises"' to 'means' in line 12.
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
121
Page 155, line 22 [Clause 209], leave out from 'section' to end of line and insert 'sections 213(3), 142, 143, 144, 150 or Schedule 4'.
Mr Secretary Prescott
20
Page 155, line 23 [Clause 209], leave out 'or' and insert—
| '(ba) | an order under section (Overcrowding), or'. |
John Hayes
Robert Syms [R]
Hugo Swire
133
*Page 155, line 25, [Clause 209], at end insert 'or
(d) any regulations under Part 5.'.
Mr Secretary Prescott
21
Page 155, line 27 [Clause 209], at end insert—
'(7) In this Act "modify", in the context of a power to modify an enactment by order or regulations, includes repeal (and "modifications" has a corresponding meaning).'.
Mr Secretary Prescott
50
Page 156, line 19 [Clause 213], leave out subsection (1) and insert—
'(1) For the purposes of this Act a building or a part of a building is a "house in multiple occupation" if—
| (a) | it meets the conditions in subsection (1A) ("the standard test"); |
| (b) | it meets the conditions in subsection (1B) ("the self-contained flat test"); |
| (c) | it meets the conditions in subsection (1C) ("the converted building test"); |
| (d) | a declaration notice is in force in respect of it under section (HMO declarations); or |
| (e) | it is a converted block of flats to which section 215 applies. |
(1A) A building or a part of a building meets the standard test if—
| (a) | it consists of one or more units of living accommodation not consisting of a self-contained flat or flats; |
| (b) | the living accommodation is occupied by persons who do not form a single household (see section 216); |
| (c) | the living accomodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 217); |
| (d) | their occupation of the living accommodation constitutes the only use of that accommodation; |
| (e) | rents are payable or other consideration is to be provided by at least one of those persons in respect of their occupation of the living accommodation; and |
| (f) | two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities. |
(1B) A part of a building meets the self-contained flat test if—
| (a) | it consists of a self-contained flat; and |
| (b) | paragraphs (b) to (f) of subsection (1A) apply (reading references to the living accommodation concerned as references to the flat). |
(1C) A building or a part of a building meets the converted building test if—
| (a) | it is a converted building; |
| (b) | it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats); |
| (c) | the living accommodation is occupied by persons who do not form a single household (see section 216); |
| (d) | the living accomodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 217); |
| (e) | their occupation of the living accommodation constitutes the only use of that accommodation; and |
| (f) | rents are payable or other consideration is to be provided by at least one of those persons in respect of their occupation of the living accommodation.'. |
Mr Secretary Prescott
51
Page 157, line 13 [Clause 213], leave out from 'a' to 'is' in line 15 and insert 'building or part of a building consisting of living accommodation which, having regard to the layout of that accommodation,'.
Mr Secretary Prescott
52
Page 157 [Clause 213], leave out line 19 and insert—
'"self-contained flat" means a separate set of premises (whether or not on the same floor)—
| (a) | which forms part of a building; |
| (b) | either the whole or a material part of which lies above or below some other part of the building; and |
| (c) | in which all three basic amenities are available for the exclusive use of its occupants.'. |
Mr Secretary Prescott
53
Page 157, line 20, leave out Clause 214.
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
122
Page 157, line 44 [Clause 214], at end insert 'and
| (c) | a short-term stay hostel'. |
Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell
123
Page 158, line 8 [Clause 214], at end insert—
'(5A) In subsection (4), "short-term stay hostel" means a building or part of a building which offers temporary accommodation and is occupied wholly or mainly by visitors from outside the United Kingdom (whether or not employed in the United Kingdom).'.
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