Vote Bundle Text (940511-04)

Amendments proposed to the Housing Bill, As Amended - continued	House of Commons

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Incomplete home information packs

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

NC27

To move the following Clause:—

'A property may be marketed with an incomplete Home Information Pack in circumstances where reasonable efforts have been made to obtain the missing information.'.

Regulation of estate agents

Mr Clive Betts
Dr Desmond Turner
Andrew Bennett
David Taylor
Lynne Jones

NC32

To move the following Clause:—

'(1) The Secretary of State shall by regulations set up a mandatory licensing scheme for persons engaged in estate agency work in relation to Home Information Packs to ensure that such persons satisfy minimum standards of competence.

(2) The regulations shall specify a degree of practical experience which is to be taken as evidence of competence and, without prejudice to the generality of subsection (1) above, the regulations shall also—

(a) prescribe professional or academic qualifications which shall also be taken to be evidence of competence;

(b) designate any body of persons as a body which may itself specify professional qualifications the holding of which is to be taken as evidence of competence;

(c) make provision for and in connection with the establishment of a body having power to examine and inquire into the competence of persons engaged or professing to engage in estate agency work; and

(d)) delegate to a body established under paragraph (c) above the powers of the Secretary of State with respect to the matters referred to in paragraph (a) above.'.

Mr Secretary Prescott

Page 94, line 17 [Clause 136], at end insert 'until his responsibility ceases'.

Mr Secretary Prescott

Page 94, line 18 [Clause 136], leave out subsection (2) and insert—

'(2) Each of those duties is subject to any exception relating to that duty which is provided for in those sections.

(3) The duty under section 138(1) is also subject to any condition imposed under section (Section 138: imposition of conditions).'

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 94, line 21 [Clause 137], leave out from beginning to 'have' and insert 'As a matter of voluntary discretion, a person may'.

[R] Relevant registered interest declared.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

110

Page 94, line 23 [Clause 137], after '143', insert 'unless the property is marketed as being sold without a home information pack'.'

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 94, line 23 [Clause 137], at end insert—

'(1A) The seller, when marketing the property, is obliged to specify whether or not a home information pack is to be provided'.

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 94, line 24 [Clause 137], leave out subsection (2).

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

109

Page 94, line 30 [Clause 137], at end insert—

'( ) the seller markets the property himself'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

111

Page 94, line 30 [Clause 137], at end insert—

'(c) the seller has indicated that the property is to be sold without a home information pack'.

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 94, line 33 [Clause 138], after 'which,' insert ', where available,'.

Mr Secretary Prescott

Page 94, line 39 [Clause 138], leave out 'request is made' and insert 'document is provided'.

Mr Secretary Prescott

Page 95, line 5 [Clause 138], leave out 'when the request is made' and insert 'before the end of the permitted period'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

112

Page 95, line 10 [Clause 138], leave out paragraph (c).

Mr Secretarty Prescott

Page 95, line 28 [Clause 138], leave out from 'document' to end of line 33 and insert—

'(8) The permitted period for the purposes of this section is (subject to section (Section 138: imposition of conditions)(5)) the period of 14 days beginning with the day on which the request is made.

(8A) If the responsible person ceases to be responsible for marketing the property before the end of the permitted period (whether because the property has been taken off the market or sold or for any other reason), he ceases to be under any duty to comply with the request.'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

113

Page 99, line 3 [Clause 144], at end insert—

'(aa) for ensuring that members of the scheme are independent'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

114

Page 99, line 4 [Clause 144], leave out 'suitable' and insert 'adequate and appropriate'.

Mr Charles Kennedy
Sir Menzies Campbell
Mr Edward Davey
Matthew Green
Richard Younger-Ross
Mr Andrew Stunell

115

Page 99, line 10 [Clause 144], at end insert—

'( ) for sellers, buyers and lenders to be entitled to bring proceedings in respect of a home condition report upon which they have relied in any transaction'.

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 99, line 16 [Clause 144], at end insert—

'(8) A responsible person will be exempt from the requirement to provide a Home Condition Report in the following circumstances—

(a) the sale of a new home provided that it is registered with a warranty provider designated by the Secretary of State,

(b) the resale of a new home where the warranty cover remains in force,

(c) the transfer of ownership by a developer of a new home to another company prior to marketing the property to the public where the company assuming ownership is registered with a warranty provider designated by the Secretary of State.'.

Mr John Hayes
Mr Robert Syms [R]
Mr Hugo Swire

Page 99, line 18 leave out Clauses 145 to 149.

Mr Secretary Prescott

Page 101, line 12, leave out Clause 150.

Mr Secretary Prescott

Page 103, line 4 [Clause 154], after 'regarded' insert 'for the purposes of this Part' .

Mr Secretary Prescott

Page 103, line 8 [Clause 154], after 'is' insert 'only'.

Mr Secretary Prescott

Page 103, line 9 [Clause 154], leave out '(and only if)'.

NEW CLAUSES AND AMENDMENTS RELATING TO PART 6

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Mr Secretary Prescott

NC8

To move the following Clause:—

'(1) In Schedule 5 to the Housing Act 1985 (c.68) (exceptions to the right to buy) paragraph 11 (single dwelling-house particularly suitable for elderly persons) is amended as follows.

(2) In sub-paragraph (4) (questions arising under paragraph 11 to be determined by the Secretary of State), for "the Secretary of State" (in both places) substitute "the appropriate tribunal or authority".

(3) After sub-paragraph (5) insert—

"(5A) In this paragraph "the appropriate tribunal or authority" means—

(a) in relation to England, a residential property tribunal; and

(b) in relation to Wales, the Secretary of State.

(5B) Section 191 of the Housing Act 2004 (appeals to Lands Tribunal) does not apply to any decision of a residential property tribunal under this paragraph."

(4) Subsections (5) and (6) apply to any application under paragraph 11(4) in respect of a dwelling-house in England which—

(a) has been made to the Secretary of State before the day on which this section comes into force, and

(b) has not been determined by him before that day.

(5) If the application was made more than 28 days before that day, it is to be determined by the Secretary of State as if the amendments made by this section had not come into force.

(6) Otherwise—

(a) the application is to be determined by a residential property tribunal, and

(b) the Secretary of State must make all such arrangements as he considers necessary for the purpose of, or in connection with, enabling it to be so determined.'.