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lords amendment to a commons amendment and LORDS

AMENDMENTs in lieu of lords amendments to which the

commons have disagreed TO THE

housing BILL

[The page and line references are to HL Bill 71, the bill as first printed for the Lords.]

Clause 137

LORDS AMENDMENT NO. 128

128

Page 94, line 40, at end insert—

 

“( )   

That duty does not apply if, and for so long as, the seller determines that

 

the property is to be sold without a home information pack, and in the

 

event the estate agent for the seller is the responsible person, the seller has

 

so informed him.”

 

The Commons disagree to this Amendment for the following Reason

128A

Because a voluntary scheme for home information packs will be ineffective

 

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

128B

The Lords do not insist on their Amendment 128 to which the Commons have disagreed for

 

their Reason 128A, but do propose Amendment 128C in lieu thereof

After Clause 143

128C

Insert the following new Clause—

 

“Suspension of duties under sections 137 to 141

 

(1)   

The Secretary of State may make an order suspending (or later reviving)

 

the operation of any duty imposed by sections 137 to 141.

 

(2)   

An order under this section may provide for the suspension of a duty to

 

take effect only for a period specified in the order.

 
Bill 18253/3

 

(  2  )

 
 

(3)   

A duty which is (or is to any extent) revived after being suspended under

 

this section is liable to be suspended again.”

Clause 145

LORDS AMENDMENT NO. 140

140

Page 100, line 8, after “for” insert “requiring”

 

The Commons disagree to Lords Amendment 140 but propose the following Amendments

 

in lieu thereof—

140A

Page 100, line 8, leave out paragraph (d) and insert—

 

“(d)   

for requiring home condition reports made by members of the

 

scheme to be entered on the register mentioned in section (Register

 

of home condition reports).”

140B

Page 100, line 10, at end insert—

 

“( )   

Subsection (5)(d) only applies where provision for a register of home

 

condition reports is made under section (Register of home condition reports).”

140C

Page 100, line 16, insert the following new Clause—

 

“Register of home condition reports

 

(1)   

Where the provision mentioned in section 145(3) is made in relation to an

 

approved certification scheme, regulations under section 144 may make

 

provision for and in connection with a register of the home condition

 

reports made by members of the scheme.

 

(2)   

The regulations may provide for the register to be kept—

 

(a)   

by (or on behalf of) the Secretary of State; or

 

(b)   

by such other person as the regulations may specify.

 

(3)   

The regulations may require a person wishing to enter a home condition

 

report onto the register to pay such fee as may be prescribed.

 

(4)   

No person may disclose—

 

(a)   

the register or any document (or part of a document) contained in

 

it; or

 

(b)   

any information contained in, or derived from, the register,

 

   

except in accordance with any provision of the regulations which

 

authorises or requires such a disclosure to be made.

 

(5)   

The provision which may be made under subsection (1) includes (without

 

prejudice to the generality of that subsection) provision as to circumstances

 

in which or purposes for which a person or a person of a prescribed

 

description—

 

(a)   

may (on payment of such fee, if any, as may be prescribed)—

 

(i)   

inspect the register or any document (or part of a document)

 

contained in it;

 

(ii)   

take or be given copies of the register or any document (or

 

part of a document) contained in it; or

 

(iii)   

be given information contained in, or derived from, the

 

register; or


 

(  3  )

 
 

(b)   

may disclose anything obtained by virtue of provision made under

 

paragraph (a).

 

(6)   

The purposes which may be so prescribed may be public purposes or

 

purposes of private undertakings or other persons.

 

(7)   

A person who contravenes subsection (3) is guilty of an offence and liable

 

on summary conviction to a fine not exceeding level 5 on the standard

 

scale.

 

(8)   

Nothing in this section limits the power to make regulations under section

 

144.”

140D

Page 103, line 10, at end insert “; or

 

(c)   

the development of a register for the purposes of any provision

 

made or expected to be made in regulations under section 144 by

 

virtue of section (Register of home condition reports).”

 

LORDS NON-INSISTENCE AND AGREEMENT WITH AMENDMENT

The Lords do not insist on their Amendment 140 to which the Commons have disagreed

 

and do agree to Amendments 140A to 140D proposed by the Commons in lieu of that

 

Amendment, with the following amendment to Commons Amendment 140C

140E

Line 33, leave out “(3)” and insert “(4)”

After Clause 186

LORDS AMENDMENT NO. 191

191

Insert the following new Clause—

 

“Improvements in energy efficiency

 

(1)   

For the purposes of—

 

(a)   

improving the energy efficiency of residential accommodation;

 

(b)   

increasing the comfort level of occupants of residential

 

accommodation; and

 

(c)   

alleviating fuel poverty,

 

   

the Secretary of State shall take reasonable steps to ensure an increase in

 

residential energy efficiency of at least 20% by 2010 based upon 2000 levels.

 

(2)   

In this section—

 

   

“fuel poverty” has the same meaning as in the Warm Homes and

 

Energy Conservation Act 2000 (c. 31); and

 

   

“residential energy efficiency” means the energy efficiency of

 

residential accommodation.”

 

The Commons disagree to Lords Amendment 191 for the following Reason

191A

Because it involves a charge on public funds, and the Commons do not offer any further

 

Reason, trusting that this Reason may be deemed sufficient


 

(  4  )

 
 

LORDS NON-INSISTENCE AND AMENDMENTS IN LIEU

The Lords do not insist on their Amendment 191 to which the Commons have disagreed for

 

their Reason 191A, but do propose the following amendments in lieu thereof

After Clause 187

191B

Insert the following new Clause—

 

“Energy efficiency of residential accommodation: England

 

(1)   

The Secretary of State must take reasonable steps to ensure that by 2010 the

 

general level of energy efficiency of residential accommodation in England

 

has increased by at least 20 per cent compared with the general level of

 

such energy efficiency in 2000.

 

(2)   

Nothing in this section affects the duties of the Secretary of State under

 

section 2 of the Sustainable Energy Act 2003 (c. 30) (energy efficiency aim

 

in respect of residential accommodation in England).

 

(3)   

In this section “residential accommodation” has the meaning given by

 

section 1 of the Home Energy Conservation Act 1995 (c. 10).”

Clause 231

191C

Page 171, line 15, after “186,” insert “(Energy efficiency of residential accommodation:

 

England),”


 
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