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(c) in subsection (5) (consultation of tenants) for “Secretary of State” substitute “appropriate authority”,
(d) in subsection (5)(a) for “himself” substitute “itself”, and
(e) omit subsection (6) (consultation of Housing Corporation).’.— [Liz Blackman.]
Amendments made: No. 106, in page 72, leave out line 21.
No. 107, line 26, leave out paragraphs (a) and (b).
No. 108, line 42, at end insert—
‘(3) In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.’.— [Liz Blackman.]
Amendment made: No. 109, in page 73, line 6, at end insert—
‘(3) In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.’.— [Liz Blackman.]
Amendment made: No. 110, in page 73, line 27, at end insert—
‘(2) Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.’.— [Liz Blackman.]
Amendments made: No. 111, in page 73, line 30, leave out ‘or’.
No. 112, line 31, at end insert ‘, or
(c) to have regard to specified objectives when setting standards under section 180 or 181.’.
No. 113, line 31, at end insert—
‘(1A) The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State’s opinion, to—
(c) involvement by tenants in the management by registered providers of accommodation.’.
No. 114, line 40, at end insert—
‘(3A) Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.’.— [Liz Blackman.]
Amendments made: No. 115, in page 78, line 23, leave out subsections (2) and (3) and insert—
‘(2) An amendment of the society’s rules requires consent if it—
(a) alters the society’s objects,
(b) makes provision about the distribution of assets to members, or
(c) enables the society to become, or cease to be, a subsidiary or associate of another body.
(3) An amendment of the rules which requires consent is effective only if the regulator has first consented.
(3A) The regulator may not consent to an amendment which it thinks would turn the society into a profit-making organisation.
(3B) The society must notify the regulator of an amendment of the rules which does not require consent.’.
No. 116, line 28, at beginning insert
‘In relation to an amendment which requires consent’.
No. 117, line 31, at beginning insert ‘The preceding provisions of’.
No. 118, line 31, leave out ‘it’ and insert ‘they’.
No. 119, line 31, at end insert—
‘(6) The Secretary of State may by order amend the list in subsection (2).’. — [Liz Blackman.]
Amendments made: No. 120, in page 79, line 3, leave out subsections (2) and (3) and insert—
‘(2) An amendment of the company’s articles of association requires consent if it—
(a) alters the company’s objects,
(b) makes provision about the distribution of assets to members, or
(c) enables the company to become, or cease to be, a subsidiary or associate of another body.
(3) An amendment of the articles of association which requires consent is effective only if the regulator has first consented.
(3A) The company must notify the regulator of an amendment of the articles of association which does not require consent.’.
No. 121, line 9, at end insert—
‘(4A) The company must notify the regulator—
(a) of an amendment of the articles of association which does not require consent, or
(b) of a change to its name or registered office.’.
No. 122, line 10, at beginning insert
‘In relation to an amendment which requires consent’.
No. 123, line 12, at end insert—
‘(6) The Secretary of State may by order amend the list in subsection (2).’. — [Liz Blackman.]
Amendment made: No. 124, in page 80, line 31, at end insert—
‘(10A) Case 10 is where the registered provider has failed to
comply with an order made by an ombudsman appointed by virtue of section 124.’.— [Liz Blackman.]
Amendment made: No. 125, in page 92, line 40, after ‘specified’, insert ‘non-profit’.— [Liz Blackman.]
Amendment made: No. 126, in page 98, line 8, at end insert—
‘(2A) The regulator may appoint more than a minority of the officers of a registered provider only if—
(a) the provider has fewer officers than required by its constitution, or
(b) its constitution does not specify a minimum number of officers.’.— [Liz Blackman.]
Amendment made: No. 127, in page 101, line 32, at end insert—
‘“working day” means a day other than—
(g) a Saturday or Sunday,(h) Christmas Day or Good Friday, or(i) a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).’.— [Liz Blackman.]Amendment made: No. 128, in page 103, line 14, at end insert—
‘Working day | Section 261’. |
— [Liz Blackman.]
Amendment made: No. 31, in page 115, line 9, at end insert—
‘(5A) Any regulations which provide for the appropriate person to approve a proposal for a local housing authority to dispose of land must ensure that the authority has the opportunity to make representations to the appropriate person before the appropriate person decides whether or not to approve the proposal.’.— [Liz Blackman.]
Amendment made: No. 32, in page 120, line 36, leave out Clause 286.— [Liz Blackman.]
Amendments made: No. 33, in page 121, line 6, after ‘3’, insert ‘or 3A’.
No. 34, in page 121, line 8, leave out ‘sub-paragraph (2) of that paragraph’ and insert ‘sub-paragraph (1A);
(aa) any provision in the lease for the tenant to acquire the landlord’s interest provides for the tenant to acquire the interest on terms specified in the lease and complying with such requirements as may be prescribed;
(ab) the lease meets any other prescribed conditions;
(ac) the lease does not fall within any prescribed exemptions’.
No. 35, line 10, at end insert—
‘(1A) The conditions referred to in sub-paragraph (1)(a) are that the lease—
(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;
(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;
(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;
(d) does not restrict the tenant’s powers to mortgage or charge his interest in the house;
(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed; and
(f) states the landlord’s opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.’.
No. 36, line 24, leave out ‘paragraph 3(2)’ and insert ‘sub-paragraph (1A)’.
No. 37, line 25, leave out ‘paragraph 3(2)(g)’ and insert ‘paragraph (f) of that sub-paragraph’.
No. 38, leave out lines 30 to 32.
No. 39, line 41, at end insert—
‘(2) In paragraph 5 of that Schedule to that Act (power to prescribe matters by regulations)—
(a) in sub-paragraph (1) for “Secretary of State” substitute “appropriate national authority”, and
(i) in paragraph (b) for “Secretary of State” substitute “appropriate national authority”,
(ii) after “which” insert “, in the case of regulations made by the Secretary of State,” and
(iii) after “Parliament” insert “and, in the case of regulations made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales”.
(3) After paragraph 6 of that Schedule to that Act (interpretation) insert—
“7 In this Schedule “appropriate national authority” means—
(a) in relation to England, the Secretary of State; and
(b) in relation to Wales, the Welsh Ministers.”’.— [Liz Blackman.]
Amendments made: No. 40, in page 122, line 25, at end insert—
‘(2A) A request under subsection (2)(b) must—
(b) state the reason it is being made; and
(c) confirm that the landlord has not made to the tenant a grant of the kind mentioned in section 138(1) in respect of the claim by the tenant to exercise the right to buy in respect of the dwelling-house.’.
No. 41, line 26, leave out ‘such a request’ and insert ‘a request under subsection (2)(b)’.
No. 42, line 38, at end insert—
‘(5A) A review notice may not be served if the landlord has made a grant of the kind mentioned in subsection (2A)(c).
(5B) A person who makes a request under subsection (2)(b) must inform the district valuer if a grant of the kind mentioned in subsection (2A)(c) is made during the period of 14 days mentioned in subsection (4).
(5C) Subsection (5D) applies if the district valuer is considering whether to serve a review notice on the valuer’s own initiative.
(5D) The landlord or the tenant must, if requested by the district valuer, inform the valuer whether a grant of the kind mentioned in subsection (2A)(c) has been made.’.
No. 43, in page 124, line 14, at end insert—
‘(3A) After section 128(5) (notice of determination or redetermination) insert—
“(5A) The landlord shall, as soon as practicable, serve a copy of the notice on the district valuer if—
(a) the district valuer requests it; or
(b) the landlord requests a review of the determination or redetermination under section 128A(2)(b).
(5B) The tenant shall, as soon as practicable, serve a copy of the notice on the district valuer if the tenant requests a review of the determination or redetermination under section 128A(2)(b).
(5C) For the purposes of subsections (5A) and (5B) it does not matter whether the request in question was made before, on or after the service of the notice in accordance with subsection (5).’.— [Liz Blackman.]
Amendments made: No. 44, in page 131, line 37, at end insert—
‘( ) an order of the Secretary of State under paragraph 19(4) or 21(2) or (4) of Schedule (Possession orders relating to certain tenancies),’.
No. 45, in page 132, line 5, at end insert—
‘( ) an order of the Secretary of State under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule (Possession orders relating to certain tenancies),’.
No. 46, line 13, leave out from ‘containing’ to ‘may’ in line 14 and insert ‘—
( ) an order of the Welsh Ministers under section 304,
( ) an order of the Welsh Ministers under paragraph 19(4) or 21(2) or (4) of Schedule (Possession orders relating to certain tenancies), or
( ) regulations of the Welsh Ministers under section 266(3) or 277,’.
No. 47, in page 132, line 17, leave out from ‘containing’ to ‘is’ in line 19 and insert ‘—
(a) an order of the Welsh Ministers under paragraph 16(7), 18(4), 22(2) or 23(2) of Schedule (Possession orders relating to certain tenancies),
(b) regulations of the Welsh Ministers under Chapter 1 of Part 3 (including Schedule 8 but excluding section 266(3) or 277), or
(c) regulations of the Welsh Ministers under section 284,’.— [Liz Blackman.]
Amendments made: No. 48, in page 133, line 31, leave out ‘287’ and insert
‘(Service charges: provision of information and designated accounts)’.
No. 49, line 31, after ‘301’, insert
‘and Schedule (Service charges: provision of information and designated accounts)’.
No. 50, in page 134, line 5, after ‘Schedule 5’, insert
‘or section (Possession orders relating to certain tenancies) and Schedule (Possession orders relating to certain tenancies)’.— [Liz Blackman.]
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