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Housing and Regeneration Bill, continued

(a)	after “in respect of it” insert “, by the landlord who served the earlier

notice or any landlord who served a continuation notice in respect of

the earlier notice,”,

(b)	after “when the” insert “earlier”, and

(c)	in paragraph (a) for “it” substitute “the further notice”.

4	After paragraph 15 insert—

“15A (1)

This paragraph applies if—

(a)	a final demolition notice is in force in respect of a dwelling-

house, and

(b)	the landlord transfers his interest as landlord to another

person.

(2)	The final demolition notice (“the original notice”) continues in

force but this is subject to—

(a)	paragraphs 13(5) and 15, and

(b)	the following provisions of this paragraph.

(3)	Sub-paragraph (4) applies if the transferee—

(a)	intends to demolish the dwelling-house, but

(b)

has not—

(i)	served a continuation notice, and

(ii)	complied with the conditions in sub-paragraphs (8)

and (10),

within the period of 2 months beginning with the date of

transfer.

(4)	The transferee must proceed under paragraph 15(4) as if the

transferee has decided not to demolish the dwelling-house (and

paragraph 15(5) to (7) applies on the same basis).

(5)	A continuation notice is a notice—

(a)	stating that the transferee—

(i)	has acquired the interest concerned, and

(ii)	intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)	setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)	stating that one of conditions A to C in paragraph 14 is

satisfied in relation to the original notice (specifying the

condition concerned),

(d)	stating that the original notice is to continue in force, and

(e)	explaining the continued effect of the original notice.

(6)	A continuation notice may not vary the proposed demolition date in

the original notice nor the date when the original notice will cease

to be in force.

(7)	Sub-paragraph (8) applies if—

(a)	the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

(b)	the transferee intends to demolish the whole of the

building.

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134

Housing and Regeneration Bill, continued

(8)	The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

(9)	An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph (8)

from being satisfied.

(10)	Paragraph 13(7) and (8) apply in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning with

the date of transfer.

(11)	Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6)

to (8) in relation to a final demolition notice so far as continued in

force under this paragraph.”

5	In paragraph 16(1) (notices under paragraphs 13 and 15) for “or 15” substitute

“, 15 or 15A”.

Initial demolition notices

6	Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is

amended as follows.

7	In paragraph 2(1) (period of validity of initial demolition notices) for

“paragraph 3” substitute “paragraphs 3 and 3A”.

8	In paragraph 3(1) (revocation of initial demolition notices: application of

paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “(7A)”.

9	After paragraph 3 insert—

“Transfer of initial demolition notices

3A  (1)

This paragraph applies if—

(a)	an initial demolition notice is in force in respect of a

dwelling-house, and

(b)	the landlord transfers his interest as landlord to another

person.

(2)	The initial demolition notice (“the original notice”) continues in

force but this is subject to—

(a)	paragraphs 2 and 3, and

(b)	the following provisions of this paragraph.

(3)	Sub-paragraph (4) applies if the transferee—

(a)	intends to demolish the dwelling-house, but

(b)

has not—

(i)	served a continuation notice, and

(ii)	complied with the conditions in sub-paragraphs (8)

and (10),

within the period of 2 months beginning with the date of

transfer.

(4)	The transferee must proceed under paragraph 15(4) of Schedule 5

as applied by paragraph 3(1) above as if the transferee has decided

not to demolish the dwelling-house (and paragraph 15(5) to (7) of

that Schedule as so applied applies on the same basis).

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135

Housing and Regeneration Bill, continued

(5)	A continuation notice is a notice—

(a)	stating that the transferee—

(i)	has acquired the interest concerned, and

(ii)	intends to demolish the dwelling-house or (as the

case may be) the building containing it (“the

relevant premises”),

(b)	setting out the reasons why the transferee intends to

demolish the relevant premises,

(c)	stating that the original notice is to continue in force, and

(d)	explaining the continued effect of the original notice.

(6)	A continuation notice may not vary the period specified in the

original notice in accordance with paragraph 1(1)(c).

(7)	Sub-paragraph (8) applies if—

(a)	the dwelling-house is contained in a building which

contains one or more other dwelling-houses, and

(b)	the transferee intends to demolish the whole of the

building.

(8)	The transferee must serve a continuation notice on the occupier of

each of the dwelling-houses contained in the building (whether

addressed to him by name or just as “the occupier”).

(9)	An accidental omission to serve a continuation notice on one or

more occupiers does not prevent the condition in sub-paragraph (8)

from being satisfied.

(10)	Paragraph 13(7) of Schedule 5 applies in relation to the transferee’s

intention to demolish so as to impose a condition on the transferee

for a notice to appear within the period of 2 months beginning with

the date of transfer; and paragraph 2(3) above applies for this

purpose.

(11)	Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2)

and (3) in relation to an initial demolition notice so far as continued

in force under this paragraph.”

10  (1)

Paragraph 4 (restrictions on service of further notices) is amended as follows.

(2)	In sub-paragraph (2) (further initial demolition notices)—

(a)	after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

respect of the relevant notice,”, and

(b)	in paragraph (a) for “it” substitute “the further notice”.

(3)	In sub-paragraph (3) (final demolition notices)—

(a)	after “dwelling-house” insert “, by the landlord who served the

relevant notice or any landlord who served a continuation notice in

respect of the relevant notice,”, and

(b)	in paragraph (a) for “it” substitute “the final demolition notice”.

11	In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “, 15 or

15A”.

12	In paragraph 6(1) (interpretation) after “Schedule” insert “(other than

paragraph 3A)”.

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136

Housing and Regeneration Bill, continued

Transitional provision

13	This Schedule does not apply to notices served before the coming into force of

the Schedule.’.

Sir George Young

12

Clause  86,  page  37,  line  38,  after ‘well-managed’, insert ‘, inclusive’.

Mr Nick Raynsford

Lembit Öpik

Andrew George

40

Clause  86,  page  38,  line  11,  leave out subsection (7).

Andrew George

Lembit Öpik

37

Clause  86,  page  38,  line  23,  at end insert—

‘(12A)

The regulator shall pursue these objectives in relation to landlords and their

tenants in all cases where the tenants are in receipt of public funds.’.

Mr Iain Wright

114

Clause  110,  page  45,  line  3,  leave out from ‘regulations’ to end of line 4 and insert

‘defining when a person is controlled by an authority for the purpose of Exception 3.

(6)	The definition may be expressed by reference to a definition for the time being

given in a document identified by regulations under section 21(2)(b) of the Local

Government Act 2003 (accounting practices for local authorities).’.

Mr Nick Raynsford

61

Clause  111,  page  45,  line  28,  at end insert—

‘(10)

If the regulator thinks that what—

(a)	is a non-profit organisation is considering becoming a profit-making

organisation, or

(b)	was a non-profit organisation has become a profit-making organisation,

it shall remove the body from the register and direct it to reapply for registration,

subject to section 114.’.

Public Bill Committee: 15th January 2008

137

Housing and Regeneration Bill, continued

Sir George Young

Andrew George

Lembit Öpik

33

Page  46,  line  6,  leave out Clause 113.

Lembit Öpik

Andrew George

106

Clause  115,  page  47,  line  5,  at end insert ‘or’.

Lembit Öpik

Andrew George

107

Clause  115,  page  47,  line  6,  leave out paragraph (b).

Mr Nick Raynsford

Lembit Öpik

Andrew George

60

Page  48,  line  4,  leave out Clause 118.

Andrew George

Lembit Öpik

77

Clause  123,  page  49,  line  25,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

78

Clause  124,  page  50,  line  11,  leave out ‘non-profit’.

Public Bill Committee: 15th January 2008

138

Housing and Regeneration Bill, continued

Andrew George

Lembit Öpik

79

Clause  125,  page  50,  line  22,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

80

Clause  126,  page  50,  line  41,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

81

Page  54,  line  14,  leave out Clause 135.

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

7

Clause  147,  page  60,  line  8,  at end insert ‘or amalgamating with another society’.

Grant Shapps

Robert Neill

Mr Eric Pickles

Alistair Burt

Mrs Jacqui Lait

Mr Paul Goodman

8

Clause  147,  page  60,  line  11,  at end insert—

‘(3A)

An instrument amalgamating industrial and provident societies has the same

effect as an amalgamation under section 50 of the Industrial and Provident

Societies Act 1965 (c. 12) (amalgamation of societies).’.

Public Bill Committee: 15th January 2008

139

Housing and Regeneration Bill, continued

Andrew George

Lembit Öpik

82

Clause  150,  page  61,  line  11,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

83

Clause  151,  page  61,  line  27,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

84

Clause  151,  page  61,  line  33,  leave out from ‘and’ to end of line 34.

Andrew George

Lembit Öpik

85

Clause  151,  page  61,  line  35,  leave out from ‘and’ to end of line 36.

Andrew George

Lembit Öpik

86

Clause  152,  page  61,  line  38,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

87

Clause  153,  page  62,  line  7,  leave out ‘non-profit’.

Andrew George

Lembit Öpik

88

Clause  154,  page  62,  line  28,  leave out ‘non-profit’.

---

Revised 15 January 2008