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| | Page 114, line 36, leave out Clause 130. |
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| | | Negatived on division 271 |
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| | Page 115, line 7 [Clause 130], at end insert— |
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| | | ‘(2A) | Subsection (2) shall not apply to a secure tenancy if immediately before the |
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| | | tenancy was granted the person who became the tenant under the tenancy, or in |
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| | | the case of joint tenants, one or more of them was— |
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| | | (a) | a secure tenant of the same or another dwelling-house, or |
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| | | (b) | an assured tenant of a private registered provider of social housing or a |
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| | | registered social landlord (otherwise than under an assured shorthold |
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| | | tenancy) in respect of the same or another dwelling-house.’. |
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| | Page 116, line 33 [Clause 130], leave out from beginning to end of line 30 on page |
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| | | | ‘sections 83 to 85A of the Housing Act 1985 shall apply equally to Flexible |
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| | | Tenancies and references to secure tenancies in those sections shall be read |
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| | Page 116, line 33 [Clause 130], after ‘Subject’, insert ‘to the discretion of the court, |
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| | in circumstances where the tenant has made representations against the granting of |
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| | possession, not to make an order if it considers that order disproportionate, and subject’. |
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| | Page 118, line 19, leave out Clause 131. |
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| | Page 121, line 36 [Clause 134], at end insert— |
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| | | ‘(c) | or P is another member of the tenant’s family and has resided with the |
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| | | tenant throughout the period of 12 months ending with the tenant’s |
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| | Page 121, line 36 [Clause 134], at end insert— |
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| | | ‘(1A) | A person (“P”) is qualified to succeed the tenant under a secure tenancy of a |
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| | | dwelling-house in England if— |
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| | | (a) | at the time of the tenant’s death the dwelling-house is not occupied by a |
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| | | spouse or civil partner of the tenant as his or her only or principal home, |
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| | | (b) | an express term of the tenancy makes provision for a person other than |
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| | | such a spouse or civil partner of the tenant to succeed to the tenancy, and |
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| | | (c) | P’s succession is in accordance with that term.’. |
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| | Page 121, line 37 [Clause 134], after ‘(1)’, insert ‘or (1A)’. |
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| | Page 121, line 39 [Clause 134], leave out ‘(whether or not the tenant’s spouse or |
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| | Page 122, line 40 [Clause 135], at end insert— |
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| | | ‘(1ZA) | Subject to subsection (1B), in any case where— |
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| | | (a) | there is an assured periodic tenancy of a dwelling-house in England under |
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| | | (i) | the landlord is a private registered provider of social housing, |
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| | | (ii) | the tenant is a sole tenant, |
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| | | (b) | the tenant under the tenancy dies, |
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| | | (c) | immediately before the death, the dwelling-house was not occupied by a |
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| | | spouse or civil partner of the tenant as his or her only or principal home, |
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| | | (d) | an express term of the tenancy makes provision for a person other than |
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| | | such a spouse or civil partner of the tenant to succeed to the tenancy, and |
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| | | (e) | there is a person whose succession is in accordance with that term, |
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| | | | then, on the death, the tenancy vests by virtue of this section in that person (and, |
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| | | accordingly, does not devolve under the tenant’s will or intestacy).’. |
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| | Page 123, line 10 [Clause 135], at end insert— |
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| | | ‘(1ZA) | Subject to subsection (1B), in any case where— |
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| | | (a) | there is an assured tenancy of a dwelling-house in England for a fixed |
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| | | term of not less than two years under which— |
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| | | (i) | the landlord is a private registered provider of social housing, |
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| | | (ii) | the tenant is a sole tenant, |
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| | | (b) | the tenant under the tenancy dies, |
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| | | (c) | immediately before the death, the dwelling-house was not occupied by a |
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| | | spouse or civil partner of the tenant as his or her only or principal home, |
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| | | (d) | an express term of the tenancy makes provision for a person other than |
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| | | such a spouse or civil partner of the tenant to succeed to the tenancy, and |
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| | | (e) | there is a person whose succession is in accordance with that term, |
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| | | | then, on the death, the tenancy vests by virtue of this section in that person (and |
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| | | accordingly does not devolve under the tenant’s will or intestacy).’. |
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| | Page 123, line 11 [Clause 135], leave out ‘or’ and insert ‘, (1ZA),’. |
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| | Page 123, line 11 [Clause 135], after ‘(1A)’, insert ‘or (1AA)’. |
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| | Page 123, line 14 [Clause 135], leave out ‘(whether or not the tenant’s spouse or |
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| | civil partner)’ and insert ‘(and, accordingly, does not devolve under the tenant’s will or |
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| | Page 123, line 19 [Clause 135], leave out from ‘housing’ to end of line 20. |
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| | Page 123, line 23 [Clause 135], at end insert— |
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| | | ‘(4A) | In subsection (5) after “(1)(b)” insert “or (1A)(c)”.’. |
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| | Page 123, line 26 [Clause 135], after ‘subsection’, insert ‘(1ZA), (1AA) or’. |
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| | Page 125, line 11 [Clause 139], at end insert ‘that— |
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| | | (i) | is not a shared ownership lease, and |
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| | Page 125, line 12 [Clause 139], at end insert— |
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| | | ‘(1B) | In subsection (1A)— |
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| | | “assured tenancy” has the same meaning as in Part 1 of the Housing Act |
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| | | “secure tenancy” has the meaning given by section 79 of the Housing Act |
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| | | “shared ownership lease” means a lease— |
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| | | (c) | granted on payment of a premium calculated by reference to a |
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| | | percentage of the value of the dwelling-house or of the cost of |
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| | | (d) | under which the lessee (or the lessee’s personal representatives) |
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| | | will or may be entitled to a sum calculated by reference, directly |
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| | | or indirectly, to the value of the dwelling-house.”’. |
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| | Page 128, line 35, leave out Clause 148. |
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| | Page 130, line 4, leave out Clause 152. |
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| | Page 130, line 18, leave out Clause 153. |
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| | | Pre-commencement consultation |
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| | To move the following Clause:— |
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| | | ‘(1) | Subsections (2) and (3) apply for the purpose of determining whether there has |
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| | | (a) | a requirement for consultation imposed by this Act, |
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| | | (b) | a requirement for consultation which applies in relation to things done |
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| | | under an Act amended by this Act, or |
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| | | (c) | a requirement (whether or not imposed by this Act) to do something in |
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| | | connection with a consultation under a requirement within paragraph (a) |
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| | | (2) | The fact that a provision of this Act was not in force when consultation took place |
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| | | or anything was done in connection with a consultation is to be disregarded in |
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| | | determining whether there has been compliance with the requirement. |
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| | | (3) | The fact that consultation was carried out by a body from whom functions are |
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| | | transferred by this Act, or anything was done by such a body in connection with |
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| | | a consultation, is to be disregarded in determining whether there has been |
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| | | compliance with the requirement by a body to whom those functions are |
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| | | (4) | Subsection (3) is without prejudice to any other provision of this Act that applies |
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| | | (5) | References in this section to a requirement imposed by this Act include a |
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| | | requirement imposed by another Act as a result of its amendment by this Act.’. |
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| | | Litter deposited from motor vehicles |
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| | To move the following Clause:— |
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| | | ‘In Part IV of the Environmental Protection Act 1990 (litter etc) in section 87 |
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| | | (offence of leaving litter) after subsection (7) insert— |
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| | | “(8) | Where litter is deposited from a motor vehicle, the person in charge of the |
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| | | vehicle shall, for the purposes of subsection (1) above, be treated as |
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| | | having deposited the litter whether or not he gave any instructions for this |
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| | | (9) | The registered keeper of a vehicle shall, for the purposes of subsection |
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| | | (8) above, be deemed to be the person in charge of the vehicle unless |
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| | | within twenty one days of receipt of the summons for an offence |
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| | | prosecuted by virtue of subsection (8) above the registered keeper |
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| | | provides in writing to the prosecutor notification of such identifying |
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| | | details as are available to him of any other person he claims to have been |
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| | | the person in charge of the vehicle at the relevant time. |
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| | | (10) | For the purposes of subsection (8) above a constable or an authorised |
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| | | officer of a principal litter authority may by notice in writing served on |
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| | | him, require any person to furnish such information specified in the |
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| | | notice as may reasonably be required to ascertain the person in charge of |
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| | | the vehicle at the relevant time, in such form and within such period, |
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| | | being not less than fourteen days following service of the notice, as is so |
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| | | (11) | It is an offence for a person, without reasonable excuse to fail to comply |
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| | | with any requirement imposed under subsection (10) above.”’. |
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| | To move the following Clause:— |
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| | | ‘(1) | In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 93(2) |
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| | | after “unoccupied” insert “or where there is multiple occupancy”. |
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| | | (2) | In Part 4 of the Environmental Protection Act 1990 (litter etc.) in section 94(1)(a) |
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| | | omit “commercial or retail premises” and insert “premium other than dwellings”. |
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| | | Protection of businesses and non-domestic users of buildings from complaints |
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| | To move the following Clause:— |
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| | | ‘(1) | The Environmental Protection Act 1990 is amended as follows. |
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| | | (2) | After section 80(2) insert— |
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| | | “2AA (1) | Except that a local authority must not issue an abatement notice to a |
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| | | business, place of worship or other non-domestic user of land for a |
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| | | statutory nuisance falling within section 79(1)(g) if the following |
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| | | (2) | The first condition is that the relevant premises was already in use for |
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| | | the same purpose at the time when the complainant became a local |
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| | | resident, and that such use resulted in a similar noise, and a similar |
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| | | level of noise, at that time. |
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| | | (3) | The second condition is that use of the relevant premises complies |
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| | | with the planning permission for that land and other legislation in |
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| | To move the following Schedule:— |
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