(1H) A request or notice under this paragraph
(a) must be in writing, and
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(b) may be served by post.";'.
No. 76, in page 135, leave out from the beginning of line 46 to the end of line 2 on page 136 and insert
'"(2) Sub-paragraphs (1A) to (1H) of paragraph 8 above shall apply in relation to the approval of a person for the purposes of sub-paragraph (1) above as they apply in relation to the approval of a person for the purposes of sub-paragraph (1) of that paragraph."'.
[Paul Clark.]
Clause 181
Succession to site agreements by same sex partners
Amendment made: No. 77, in page 137, line 13, leave out clause 181.
[Paul Clark.]
Clause 183
Succession to certain tenancies by same sex partners
Amendment made: No. 78, in page 138, line 16, leave out clause 183.
[Paul Clark.]
Clause 186
Additional power to give grants for social housing
Amendments made: No. 18, in page 140, line 9, at end insert
'(4A) As regards grants made by the Housing Corporation, an order under subsection (3) may also require the imposition of conditions in connection with such grants, and for this purpose may
(a) prescribe conditions that are to be so imposed;
(b) prescribe matters about which conditions are to be so imposed and any particular effects that such conditions are to achieve.'.
No. 19, in page 140, line 18, at end insert
'(5A) If, by virtue of subsection (4A), an order under subsection (3) requires conditions to be imposed by the Housing Corporation in connection with a grant to a company under this section, the Corporation in making the grant
(a) must provide that the grant is conditional on compliance by the company with such conditions as are required by the order; and
(b) if it exercises its power to impose conditions under subsection (6), must not impose any that are inconsistent with the requirements of the order.'.
[Paul Clark.]
New Clause 5
Overcrowding
'(1) The appropriate national authority may by order make such provision as it considers appropriate for and in connection with
(a) determining whether a dwelling is overcrowded for the purposes of Part 10 of the Housing Act 1985 (c. 68) (overcrowding);
(b) introducing for the purposes of sections 123 to 128 of this Act a concept of overcrowding similar to that applying for the purposes of Part 10 (and accordingly removing the discretion of local housing authorities to decide particular issues arising under those sections);
(c) securing that overcrowding in premises to which sections 123 to 128 of this Act would otherwise apply, or any description of such premises, is regulated only by provisions of Part 10.
11 May 2004 : Column 270
(2) An order under this section may, in particular, make provision for regulating the making by local housing authorities of determinations as to whether premises are overcrowded, including provision prescribing
(a) factors that must be taken into account by such authorities when making such determinations;
(b) the procedure that is to be followed by them in connection with making such determinations.
(3) An order under this section may modify any enactment (including this Act).
(4) In this section
(a) any reference to Part 10 of the Housing Act 1985 (c. 68) includes a reference to Part 10 as modified by an order under this section; and
(b) "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).'.
[Paul Clark.]
Brought up, read the First and Second time, and added to the Bill.
Clause 125
Requirement as to overcrowding generally
Amendment made: No. 15, in page 89, line 44, leave out '12' and insert '10'.
[Paul Clark.]
Clause 126
Requirement as to new residents
Amendment made: No. 16, in page 90, line 16, leave out '12' and insert '10'.
[Paul Clark.]
Clause 209
Orders and regulations
Amendment made: No. 20, in page 155, line 23, leave out 'or' and insert
'(ba) an order under section (Overcrowding), or'.
[Paul Clark.]
Clause 205
Service of documents
Amendments made: No. 47, in page 152, line 16, after '4' insert 'or this Part'.
No. 48, in page 152, leave out lines 32 to 40 and insert
'(5) A document required or authorised by any of Parts 1 to 4 or this Part to be served on a person as
(a) a person having control of premises,
(b) a person managing premises,
(c) a person having an estate or interest in premises, or
(d) a person who (but for an interim or final management order under Part 4) would fall within paragraph (a) or (b),
may, if it is not practicable after reasonable enquiry to ascertain the name or address of that person, be served in accordance with subsection (5A).
(5A) A person having such a connection with any premises as is mentioned in subsection (5)(a) to (d) is served in accordance with this subsection if
(a) the document is addressed to him by describing his connection with the premises (naming them), and
11 May 2004 : Column 271
(b) delivering the document to some person on the premises or, if there is no person on the premises to whom it can be delivered, by fixing it, or a copy of it, to some conspicuous part of the premises.'
No. 49, in page 153, line 11, leave out from '"premises"' to 'means' in line 12.