(37-40)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  37  )
152
Page 107, line 36, before “demolition” insert “final”
153
Page 108, line 2, leave out “and” and insert—

“( )
stating that one of conditions A to C in paragraph 13A is

satisfied in relation to the notice (specifying the condition

concerned), and”
154
Page 108, line 10, leave out “138A” and insert “138C”
155
Page 108, line 14, leave out “18” and insert “24”
156
Page 108, line 16, after “a” insert “final”
157
Page 108, line 17, leave out “18” and insert “24”
158
Page 108, line 18, leave out from “(4)” to end of line 19 and insert “, but this is

subject to—

(a)
compliance with the conditions in sub-paragraphs (6) and (7) (in a

case to which they apply), and

(b)
the provisions of paragraph 14(1) to (7).”
159
Page 108, line 24, after “a” insert “final”
160
Page 108, line 27, after “a” insert “final”
161
Page 108, line 44, after “any” insert “final”
162
Page 108, line 45, leave out “and” and insert “unless extended or revoked under

paragraph 14,”
163
Page 108, line 48, at end insert—

“( )
that there may be a right to compensation under section

138C in respect of certain expenditure incurred in respect

of any existing claim.”
164
Page 109, line 1, leave out “paragraph 14” and insert “paragraphs 13A and 14”
165
Page 109, line 3, after “premises,” insert “or of a reference to the acquisition or

transfer of any premises,”
166
Page 109, line 4, at end insert—

  “13A(1)
A final demolition notice may only be served for the purposes of

paragraph 13 if one of conditions A to C is satisfied in relation to

the notice.

      (2)
Condition A is that the proposed demolition of the dwelling-

house does not form part of a scheme involving the demolition of

other premises.

      (3)
Condition B is that—

(a)
the proposed demolition of the dwelling-house does

form part of a scheme involving the demolition of other

premises, but

(b)
none of those other premises needs to be acquired by the

landlord in order for the landlord to be able to demolish

them.

      (4)
Condition C is that—

(  38  )

(a)
the proposed demolition of the dwelling-house does

form part of a scheme involving the demolition of other

premises, and

(b)
one or more of those premises need to be acquired by the

landlord in order for the landlord to be able to demolish

them, but

(c)
in each case arrangements for their acquisition are in

place.

      (5)
For the purposes of sub-paragraph (4) arrangements for the

acquisition of any premises are in place if—

(a)
an agreement under which the landlord is entitled to

acquire the premises is in force, or

(b)
a notice to treat has been given in respect of the premises

under section 5 of the Compulsory Purchase Act 1965, or

(c)
a vesting declaration has been made in respect of the

premises under section 4 of the Compulsory Purchase

(Vesting Declarations) Act 1981.

      (6)
In this paragraph—


“premises” means premises of any description;


“scheme” includes arrangements of any description.”
167
Page 109, line 6, at end insert “final”
168
Page 109, line 15, after “a” insert “final”
169
Page 109, line 22, after “a” insert “final”
170
Page 109, line 38, after “a” insert “final”
171
Page 109, line 39, at end insert “final”
172
Page 109, line 44, at end insert—

     “( )
The Secretary of State’s consent under sub-paragraph (8) may be

given subject to compliance with such conditions as he may

specify.”
173
Page 109, line 45, leave out from “notice” to end of line 46 and insert “under

paragraph 13 or 14 may be served on a person—”
Clause 160
174
Leave out Clause 160 and insert the following new Clause—

(  39  )

“Right to buy: claim suspended or terminated by demolition notice

(1)
In section 138 of the Housing Act 1985 (c. 68) (duty of landlord to convey

freehold or grant lease), after the subsection (2C) inserted by section 170 of

this Act, insert—

“(2D)
Subsection (1) also has effect subject to—

(a)
section 138A(2) (operation of subsection (1) suspended

while initial demolition notice is in force), and

(b)
section 138B(2) (subsection (1) disapplied where final

demolition notice is served).”

(2)
After section 138 of that Act insert—

“138A Effect of initial demolition notice served before completion

(1)
This section applies where—

(a)
an initial demolition notice is served on a secure tenant

under Schedule 5A, and

(b)
the notice is served on the tenant before the landlord has

made to him such a grant as is required by section 138(1) in

respect of a claim by the tenant to exercise the right to buy.

(2)
In such a case the landlord is not bound to comply with section

138(1), in connection with any such claim by the tenant, so long as

the initial demolition notice remains in force under Schedule 5A.

(3)
Section 138C provides a right to compensation in certain cases

where this section applies.

138B Effect of final demolition notice served before completion

(1)
This section applies where—

(a)
a secure tenant has claimed to exercise the right to buy, but

(b)
before the landlord has made to the tenant such a grant as is

required by section 138(1) in respect of the claim, a final

demolition notice is served on the tenant under paragraph

13 of Schedule 5.

(2)
In such a case—

(a)
the tenant’s claim ceases to be effective as from the time

when the final demolition notice comes into force under that

paragraph, and

(b)
section 138(1) accordingly does not apply to the landlord, in

connection with the tenant’s claim, at any time after the

notice comes into force.

(3)
Section 138C provides a right to compensation in certain cases

where this section applies.

138C Compensation where demolition notice served

(1)
This section applies where—

(a)
a secure tenant has claimed to exercise the right to buy,

(b)
before the landlord has made to the tenant such a grant as is

required by section 138(1) in respect of the claim, either an

(  40  )

initial demolition notice is served on the tenant under

Schedule 5A or a final demolition notice is served on him

under paragraph 13 of Schedule 5, and

(c)
the tenant’s claim is established before that notice comes

into force under Schedule 5A or paragraph 13 of Schedule 5

(as the case may be).

(2)
If, within the period of three months beginning with the date when

the notice comes into force (“the operative date”), the tenant serves

on the landlord a written notice claiming an amount of

compensation under subsection (3), the landlord shall pay that

amount to the tenant.

(3)
Compensation under this subsection is compensation in respect of

expenditure reasonably incurred by the tenant before the operative

date in respect of legal and other fees, and other professional costs

and expenses, payable in connection with the exercise by him of the

right to buy.

(4)
A notice under subsection (2) must be accompanied by receipts or

other documents showing that the tenant incurred the expenditure

in question.”

(3)
After Schedule 5 to the Act insert, as Schedule 5A, the Schedule set out in

Schedule (New Schedule 5A to the Housing Act 1985: initial demolition notices)

to this Act.

(4)
The amendments made by this section do not apply in any case where the

tenant’s notice under section 122 of the Act (notice claim to exercise right

to buy) was served before the day on which this section comes into force.”
Clause 165
175
Page 115, leave out lines 45 and 46 and insert—

“(11)
The limitation imposed by a covenant within subsection (2)

(whether the covenant is imposed in pursuance of subsection (1) or

(8)) is a local land charge.

(12)
The Chief Land Registrar must enter in the register of title a

restriction reflecting the limitation imposed by any such

covenant.””
Clause 171
176
Page 122, line 11, leave out “138(2A)” and insert “138(2AA)”
Clause 174
177
Page 125, leave out lines 10 and 11 and insert—