|
| |
|
| |
|
|
|
lords amendment to a commons amendment and LORDS |
|
AMENDMENTs in lieu of lords amendments to which the |
|
commons have disagreed TO THE
|
|
|
|
[The page and line references are to HL Bill 71, the bill as first printed for the Lords.] |
|
|
|
|
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 |
|
| | |
| | The Commons disagree to this Amendment for the following Reason— |
|
128A | Because a voluntary scheme for home information packs will be ineffective |
|
| | |
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— |
|
|
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. |
|
| |
|
|
| |
|
|
| |
| | (3) | A duty which is (or is to any extent) revived after being suspended under |
|
| | this section is liable to be suspended again.” |
|
|
|
140 | Page 100, line 8, after “for” insert “requiring” |
|
| | The Commons disagree to Lords Amendment 140 but propose the following Amendments |
|
| | |
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 |
|
| | |
| | (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 |
|
| | |
| | (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) |
|
| | |
| | (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 |
|
| | |
|
| |
|
|
| |
| | (b) | may disclose anything obtained by virtue of provision made under |
|
| | |
| | (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 |
|
| | |
| | (8) | Nothing in this section limits the power to make regulations under section |
|
| | |
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).” |
|
| | |
| 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)” |
|
|
|
191 | Insert the following new Clause— |
|
| | “Improvements in energy efficiency |
|
| | |
| | (a) | improving the energy efficiency of residential accommodation; |
|
| | (b) | increasing the comfort level of occupants of residential |
|
| | |
| | (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. |
|
| | |
| | | “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 |
|
|
| |
|
|
| |
| | |
| 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— |
|
|
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).” |
|
|
191C | Page 171, line 15, after “186,” insert “(Energy efficiency of residential accommodation: |
|
| | |
|
