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Madam Deputy Speaker (Sylvia Heal):
Under the programme motion, there are times when the occupant of the Chair has some very difficult decisions to make, and I realise that in that instance it is unlikely we will please all of the Members all of the time. There are a number of amendments still to be discussed in this place. Of course, the Bill does go to another place.
11 May 2004 : Column 211
Clause 1
Amendment made: No. 125, in page 2, line 41, leave out from 'persons' to the end of line 43 and insert
'who form a single household.'.—[Keith Hill.]
Clause 213
Amendments made: No. 50, in page 156, line 19, 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.'.
11 May 2004 : Column 212
No. 51, in page 157, line 13, 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,'.
No. 52, in page 157, 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.'.—[Keith Hill.]
Clause 214
Amendment made: No. 53, in page 157, line 20, leave out clause 214.—[Keith Hill.]
Clause 215
Amendment made: No. 126, in page 159, leave out from 'a' in line 2 to end of line 4 and insert
'house in multiple occupation under section 213(1)(e)), does not affect the status of any flat in the block as a house in multiple occupation.'.—[Keith Hill.]
Clause 216
Amendment made: No. 56, in page 159, line 8, leave out '(1)'.—[Keith Hill.]
Clause 217
Amendments made: No. 57, in page 159, line 35, leave out '(1)'.
No. 58, in page 159, line 41, leave out 'women's'.
No. 59, in page 159, line 44, at end insert—
'(3) In subsection (2)(b) "refuge" means a building or part of a building managed by a voluntary organisation and used wholly or mainly for the temporary accommodation of persons who have left their homes as a result of—
(a) physical violence or mental abuse, or
(b) threats of such violence or abuse, from persons to whom they are or were married or with whom they are or were co-habiting.'—[Keith Hill.]
Schedule 11
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