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Amendments to the Commonhold and Leasehold Reform Bill [H.L.]

Commonhold and Leasehold Reform Bill [H.L.]


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 3

 

THE LORD CHANCELLOR

Page 2, line 23, leave out "an" and insert "the freehold"
Page 2, line 23, at end insert—
"(   )  is the registered proprietor of a leasehold estate in the whole or part of the land granted for a term of more than 21 years,"
 

Clause 10

 

THE LORD CHANCELLOR

Leave out Clause 10 and insert the following new Clause—
  "Extinguished lease: liability
(1)  This section applies where—
(a)  a lease is extinguished by virtue of section 7(3)(d) or 9(3)(f), and
(b)  the consent of the holder of that lease was not among the consents required by section 3 in respect of the application under section 2 for the land to become commonhold land.
(2)  If the holder of a lease superior to the extinguished lease gave consent under section 3, he shall be liable for loss suffered by the holder of the extinguished lease.
(3)  If the holders of a number of leases would be liable under subsection (2), liability shall attach only to the person whose lease was most proximate to the extinguished lease.
(4)  If no person is liable under subsection (2), the person who gave consent under section 3 as the holder of the freehold estate out of which the extinguished lease was granted shall be liable for loss suffered by the holder of the extinguished lease."
 

Clause 36

 

THE LORD CHANCELLOR

Page 17, line 20, leave out "in regulations or in a commonhold community statement"
Page 17, line 22, leave out "including" and insert "which may include"
 

Clause 37

 

THE LORD CHANCELLOR

Page 17, line 31, after "required" insert "to be raised from unit-holders"
Page 17, line 34, after "required" insert "to be raised from unit-holders"
 

Clause 38

 

THE LORD CHANCELLOR

Page 18, line 23, leave out "(2)(c)" and insert "(2)(b)"
 

Clause 54

 

THE LORD CHANCELLOR

Page 26, line 9, leave out from "liquidator" to end of line 10 and insert "following the making of a winding-up order by the court in respect of a commonhold association"
Page 26, line 11, after "court" insert "by virtue of section 6(6)(c) or 39(3)(d)"
 

After Clause 123

 

THE LORD GOODHART
THE BARONESS HAMWEE

Insert the following new Clause—
  "Abolition of marriage value
  In Schedule 6 to the 1993 Act, omit—
(a)  paragraph 2(1)(b);
(b)  paragraph 4;
(c)  paragraph 5A(2)(b);
(d)  paragraph 5C;
(e)  paragraphs 9 and 9A;
(f)  paragraph 10(1)(b);
(g)  paragraph 12;
(h)  paragraphs 15 and 16; and
(i)  paragraphs 19 and 20."
 

Clause 124

 

THE LORD GOODHART
THE BARONESS HAMWEE

Leave out Clause 124
 

Clause 125

 

THE LORD GOODHART
THE BARONESS HAMWEE

Leave out Clause 125
 

After Clause 131

 

THE LORD GOODHART
THE BARONESS HAMWEE

Insert the following new Clause—
  "Abolition of marriage value
  In Schedule 13 to the 1993 Act, omit—
(a)  paragraph 2(b);
(b)  paragraphs 4 to 4B; and
(c)  paragraph 10."
 

Clause 132

 

THE LORD GOODHART
THE BARONESS HAMWEE

Leave out Clause 132
 

Clause 133

 

THE LORD GOODHART
THE BARONESS HAMWEE

Leave out Clause 133
 

After Clause 134

 

THE LORD GOODHART
THE BARONESS HAMWEE

Insert the following new Clause—
  "Abolition of marriage value
(1)  Section 9 of the 1967 Act (purchase price and costs of enfranchisement, and tenant's right to withdraw) is amended as follows.
(2)  In subsection (1A) after "willing seller" insert "with the tenant and members of his family (as defined in section 7(7) of this Act) who reside in the house not buying or seeking to buy"
(3)  In subsection (1C), omit the words after "in accordance with subsection (1A) above"."
 

Clause 141

 

THE LORD GOODHART
THE BARONESS HAMWEE

Leave out Clause 141
 

Clause 142

 

THE LORD GOODHART
THE BARONESS HAMWEE

Leave out Clause 142
 

Before Clause 147

 

THE LORD GOODHART
THE LORD JACOBS

Insert the following new Clause—
  "Minimum term for leases at a premium
(1)  No lease of a flat or house may be granted at a premium unless the term of this lease is not less than 300 years.
(2)  In this section "flat" has the same meaning as in Chapter I of this Part and "home" has the same meaning as in Part I of the Leasehold Reform Act 1967 (c. 88)."
 

Clause 166

 

THE BARONESS GARDNER OF PARKES

Page 86, line 16, at end insert—
"(   )  In any proceedings in the Lands Tribunal on appeal from a leasehold valuation tribunal, the fees payable and costs awarded shall not exceed such fees and costs as may be specified for a leasehold valuation tribunal under paragraphs 9 and 10 of Schedule 12 to this Act."

 
 
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©Parliamentary copyright 2001
15 November 2001