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(3)   The potential buyer may be required to accept any terms specified in writing which—

(a)   are proposed by the seller or in pursuance of his instructions; and

(b)   relate to the use or disclosure of the copy (or any information contained in or derived from it).

(4)   Such a condition is only effective if it is notified to the potential buyer before the end of the period of 14 days beginning with the day on which the request is made.

(5)   Where the potential buyer has been so notified of either or both of the conditions authorised by this section, the permitted period for the purposes of section 138 is the period of 14 days beginning with—

(a)   where one condition is involved, the day on which the potential buyer complies with it by—

(i)   making the payment demanded, or

(ii)   accepting the terms proposed (or such other terms as may be agreed between the seller and the potential buyer in substitution for those proposed),

as the case may be; or

(b)   where both conditions are involved, the day (or the later of the days) on which the potential buyer complies with them by taking the action mentioned in paragraph (a)(i) and (ii).'.—[Keith Hill.]

Brought up, and read the First time.

Keith Hill: I beg to move, That the clause be read a Second time.

Madam Deputy Speaker: With this it will be convenient to discuss the following: New clause 27—Incomplete home information packs—

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

New clause 32—Regulation of estate agents—

'(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.'.

 
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Government amendments Nos. 81 and 82.

Amendment No. 88, in clause 137, page 94, line 21, leave out from beginning to 'have' and insert

'As a matter of voluntary discretion, a person may'.

[R] Relevant registered interest declared.

Amendment No. 110, in page 94, line 23, after '143', insert

'unless the property is marketed as being sold without a home information pack'.'

Amendment No. 89, in page 94, line 23, 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'.

Amendment No. 90, in page 94, line 24, leave out subsection (2).

Amendment No. 109, in page 94, line 30, at end insert—

'(   )   the seller markets the property himself'.

Amendment No. 111, in page 94, line 30, at end insert—

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

Amendment No. 91, in clause 138, page 94, line 33, after 'which,' insert ', where available,'.

Government amendments Nos. 83 and 84.

Amendment No. 112, in page 95, line 10, leave out paragraph (c).

Government amendment No. 85.

Amendment No. 113, in clause 144, page 99, line 3, at end insert—

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

Amendment No. 114, in page 99, line 4, leave out 'suitable' and insert 'adequate and appropriate'.

Amendment No. 115, in page 99, line 10, 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'.

Amendment No. 92, in page 99, line 16, 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.'.

Amendment No. 93, in page 99, line 18 leave out clauses 145 to 149.

Government amendments Nos. 86 and 44 to 46.

Amendment No. 133, in clause 209, page 155, line 25, at end insert

'or

(d)   any regulations under Part 5.'.

 
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Amendment No. 131, in clause 226, page 163, line 17, leave out '153'.

Amendment No. 132, in page 163, line 38, leave out '(other than section 153)'.

Keith Hill: I rise with a degree of embarrassment, Madam Deputy Speaker, because I have lost my place, and I feel that the House requires an explanation— [Interruption.] The Under-Secretary of State, Office of the Deputy Prime Minister, my hon. Friend the Member for Pontefract and Castleford (Yvette Cooper), has rescued me, and I am now in a position to commend Government new clause 13 to the House.

The Government amendments are designed to ensure that the home information pack proposals are as effective as possible, without interfering more than is necessary with the rights of sellers, although I fear that some hon. Members think that the Bill already interferes excessively. However, I assure the House that part 5 of the Bill is absolutely necessary if we are to improve the home buying and selling process in England and Wales, which is currently shambolic.

Clause 150 currently provides that the Secretary of State will identify the situations in which the use of information in the pack is restricted. New clause 13 replaces that with a provision allowing sellers themselves to identify conditions on the use and onward disclosure of information supplied in the pack. In practice, however, sellers and agents who have gone to the trouble and expense of compiling a pack are likely to want to use it to maximum effect by making it available to potential buyers without imposing conditions, unless, for example, they are a celebrity who wants to prevent the media from getting hold of it.

Under new clause 13, sellers and their agents would still need an HIP and to provide a copy to trading standards officers on demand. Sellers and agents can already refuse to supply a copy of the HIP to any person to whom the seller is not prepared to sell or who does not appear to be a genuine buyer. New clause 13 will not add restrictions to access by potential buyers; it just allows conditions to be attached by the seller to the use and onward disclosure of information in the pack. We see no reason to qualify or restrict the conditions that may be imposed, and there seems little point in doing so, bearing in mind that the seller could simply refuse to supply a copy of the HIP on the grounds that they would not sell the property to the person in question.

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