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Application of sections 137 to 139

Amendments made: No. 81, in page 94, line 17, at end insert 'until his responsibility ceases'.

No. 82, in page 94, line 18, leave out subsection (2) and insert—

'(2)   Each of those duties is subject to any exception relating to that duty which is provided for in those sections.

(3)   The duty under section 138(1) is also subject to any condition imposed under section (Section 138: imposition of conditions).'—[Paul Clark.]

Clause 138

Duty to provide copy of home information pack on request

Amendments made: No. 83, in page 94, line 39, leave out 'request is made' and insert 'document is provided'.

No. 84, in page 95, line 5, leave out 'when the request is made' and insert

'before the end of the permitted period'.

No. 85, in page 95, line 28, leave out from 'document' to end of line 33 and insert—

'(8)   The permitted period for the purposes of this section is (subject to section (Section 138: imposition of conditions)(5)) the period of 14 days beginning with the day on which the request is made.

(8A)   If the responsible person ceases to be responsible for marketing the property before the end of the permitted period (whether because the property has been taken off the market or sold or for any other reason), he ceases to be under any duty to comply with the request.'.—[Paul Clark.]

11 May 2004 : Column 236

Clause 150

Restrictions on disclosure or use of home information pack

Amendment made: No. 86, in page 101, line 12, leave out Clause 150.—[Paul Clark.]

Clause 154

Interpretation Of Part 5

Amendments made: No. 44, in page 103, line 4, after 'regarded' insert

'for the purposes of this Part'.

No. 45, in page 103, line 8, after 'is' insert 'only'.

No. 46, in page 103, line 9, leave out '(and only if)'.—[Paul Clark.]

Mr. Oliver Heald (North-East Hertfordshire) (Con): On a point of order, Madam Deputy Speaker. Earlier, in points of order, the Foreign Secretary promised further to clarify his remarks about Sir Jeremy Greenstock not receiving the Red Cross report. Yesterday, of course, the Defence Secretary said that he had done so. The Foreign Secretary said that he would come to the House at either 4 o'clock or 7 o'clock to do so. Have you had any firm indication that he will definitely come here at 7 o'clock to make an oral statement clarifying those remarks?

Madam Deputy Speaker: I am aware of the right hon. Gentleman's comments, but I am not aware, and have had no message, that a Minister will come to the House. I am sure, however, that the hon. Gentleman appreciates that that is not strictly a point of order for the Chair but a matter for Ministers to decide.

New Clause 8

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

'(1)   In Schedule 5 to the Housing Act 1985 (c.68) (exceptions to the right to buy) paragraph 11 (single dwelling-house particularly suitable for elderly persons) is amended as follows.

(2)   In sub-paragraph (4) (questions arising under paragraph 11 to be determined by the Secretary of State), for "the Secretary of State" (in both places) substitute "the appropriate tribunal or authority".

(3)   After sub-paragraph (5) insert—

   "(5A)   In this paragraph "the appropriate tribunal or authority" means—

(a)   in relation to England, a residential property tribunal; and

(b)   in relation to Wales, the Secretary of State.

(5B)   Section 191 of the Housing Act 2004 (appeals to Lands Tribunal) does not apply to any decision of a residential property tribunal under this paragraph."

(4)   Subsections (5) and (6) apply to any application under paragraph 11(4) in respect of a dwelling-house in England which—

(a)   has been made to the Secretary of State before the day on which this section comes into force, and

(b)   has not been determined by him before that day.

11 May 2004 : Column 237

(5)   If the application was made more than 28 days before that day, it is to be determined by the Secretary of State as if the amendments made by this section had not come into force.

(6)   Otherwise—

(a)   the application is to be determined by a residential property tribunal, and

(b)   the Secretary of State must make all such arrangements as he considers necessary for the purpose of, or in connection with, enabling it to be so determined.'.—[Yvette Cooper.]

Brought up, and read the First time.

The Parliamentary Under-Secretary of State, Office of the Deputy Prime Minister (Yvette Cooper): 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: Government new clause 9—Right to buy: claim terminated by demolition notice.

Government new clause 10—Landlord's notice to complete.

Government new clause 11—Right to buy: suspension by court order.

Government new clause 12—Right of assured tenant to acquire dwelling not affected by collective enfranchisement.

New clause 18—Market Plan for right to buy sales—

'(1)   To monitor sales resulting from right to buy, local authorities will be required to formulate and publish publicly a yearly marketing plan for right to buy sales.

(2)   The marketing plan will include:

(a)   figures on the number of properties sold through the right to buy scheme in the last 12 months;

(b)   a target figure for the number of properties to be sold through the right to buy scheme in the coming 12 months;

(c)   plans for how to achieve (b).'.

Government amendments Nos. 70 and 71.

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