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back to previous amendments
| Insert the following new Clause— |
| | "Premium payable by tenant |
| | In paragraph 2 of Schedule 13 to the 1993 Act, at the end insert— |
| "(d) | a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction."" |
| | The Lord Kingsland gives notice of his intention to oppose the Question that Clause 132 stand part of the Bill. |
| Page 64, line 7, leave out "eighty" and insert "ninety" |
| | THE LORD KINGSLAND
LORD WILLIAMS OF ELVEL |
| | The above named Lords give notice of their intention to oppose the Question that Clause 133 stand part of the Bill. |
| Page 64, line 16, leave out subsection (1) |
| Page 64, line 25, leave out subsections (3) to (6) |
| | The Lord Kingsland gives notice of his intention to oppose the Question that Clause 135 stand part of the Bill. |
| | The Lord Kingsland gives notice of his intention to oppose the Question that Clause 141 stand part of the Bill. |
| Page 67, line 33, leave out "eighty" and insert "ninety" |
| | The Lord Kingsland gives notice of his intention to oppose the Question that Clause 142 stand part of the Bill. |
| Insert the following new Clause— |
| | "Expiration of tenant's notice |
| | In section 22 of the 1967 Act, insert— |
| "(3A) | If a tenant has given notice to acquire the freehold under this Part of the Act, and has received a notice from the landlord in response to his claim, but has not applied to the leasehold valuation tribunal to determine any of the matters referred to in section 21(1) within six months of the date of the landlord's notice, the tenant's notice shall be deemed to be withdrawn."" |
| Page 123, line 31, after "tribunal" insert ", and to any such other party as the leasehold valuation tribunal may direct," |
| Page 123, line 32, after "information" insert ", or to supply any documents," |
| Page 123, line 32, after "may" insert ", on the application of a party or of its own initiative," |
| Page 123, line 33, after "tribunal" insert ", and to the other party or parties as the case may be," |
| Page 124, line 2, after "a" insert "directions hearing and a" |
| Page 124, line 3, at end insert "directions hearing and a" |
| Page 124, line 4, at end insert "and for the making of directions at such a hearing or review" |
| Page 124, line 19, at end insert— |
| "(2) | Procedure regulations may include provision empowering leasehold valuation tribunals to dismiss applications or transferred proceedings, in whole or in part, or to exclude the whole or part of any party's case, on the ground that a party has failed to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal." |
| Page 124, line 22, at end insert "if all the parties so request" |
| Page 124, line 25, at end insert "if all the parties so request" |
| Page 124, line 25, at end insert "if all the parties so request" |
| Page 125, line 11, after "pay" insert "the whole or part of" |
| Page 125, line 19, after at end insert— |
| "(c) | costs have been thrown away as a result of his failure to comply with a direction or directions made by a leasehold valuation tribunal within the period for compliance specified by the leasehold valuation tribunal, |
| (d) | in the opinion of the leasehold valuation tribunal he acted unreasonably in commencing or prosecuting the proceedings, or |
| (e) | in the opinion of the leasehold valuation tribunal the proceedings were occasioned by his unreasonable acts or omissions." |
| Page 125, line 20, leave out sub-paragraph (3) and insert— |
| | "(3) In determining the amount of costs that a party is to pay to another party under this paragraph, the leasehold valuation tribunal shall have regard to the financial resources of the party who is to pay the costs". |
| Page 125, line 27, at end insert "or in accordance with section 86 of this Act" |
| Page 84, line 27, at end insert— |
| "( ) | But every appeal will be limited to a review of the decision of the leasehold valuation tribunal unless the Lands Tribunal considers that in the case of an individual appeal it would be in the interests of justice to hold a re-hearing. |
| ( ) | And the Lands Tribunal will not receive oral evidence or evidence which was not before the leasehold valuation tribunal unless it considers that it would be in the interests of justice to do so." |
| Page 85, line 20, after "under" insert "section 72(2) or " |
| Page 85, line 25, at end insert— |
| "(6) | Prior to the Secretary of State or the National Assembly for Wales making any regulations under the powers given herein to the appropriate national authority, the Secretary of State and the National Assembly for Wales (as the case may be) shall consult with the other and, when making regulations, shall take in account the particular desirability of regulations being the same for both England and Wales." |
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