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Lord Williams of Elvel: My Lords, I have no reason to dispute the amendments which my noble friend has put forward very eloquently and in great detail. However, will she accept that we are going through passages of the Bill which were not properly drafted in this House and have been redrafted as a result of changes by the revising Chamber, in this case another place? Will she also accept that, under the Bill as presently drafted, commonhold will not work? Will she then answer a question about Clause 172? When do the Government propose that Part 1 of this legislation should commence?
3.30 p.m.
Baroness Scotland of Asthal: My Lords, legislation works best when this House and another place do their work diligently with energy and direction. That is what has happened with this Bill. We work best when we work together. The two Houses have demonstrated a high degree of acumen and dedication on the Bill.
I do not accept that the scheme of commonhold and leasehold will not work. We have spent a great deal of time making sure that it is technically as perfect as we can make it. The consultation process has ensured that practitioners and those who have to implement the Bill will take all those matters fully into consideration. When concluded, this will be one of the finest Bills to go through both Houses. All those on all sides in both Houses who have participated in the debates on the Bill should be proud of the innovations that we will have brought into being after a period of more than 77 years. There are many who rejoice in the Bill and I am not ashamed to say that I count myself among them.
Commencement, the last issue, is not less than 12 months after Royal Assent.
Baroness Gardner of Parkes: My Lords, as the Minister knows, I am keen on the idea of commonhold. I was delighted to meet someone who is redeveloping a derelict mews who seemed interested in the idea. However, he asked me how on earth an ordinary small developer such as him would know about it. Will a simple guide be available so that it is not a nightmare for people to assess how to implement the proposals?
Baroness Scotland of Asthal: My Lords, I am pleased that there are people ready to celebrate. When I was in the Caribbean doing the Lord Chancellor's business, I
was amazed that a number of people approached me about the Bill and told me how anxious they were about the coming into force of the enfranchised leasehold provisions and the commonhold provisions. I join the noble Baroness in that regard.Of course we shall take account of the need for guidance. The noble Baroness will know that the Legal Services Commission, through the Community Legal Service partnership, has issued a number of documents in relation to housing. Once the Bill is passed, this may be a proper subject for another such leaflet to let people know how the scheme is supposed to work in practice.
On Question, Motion agreed to.
12After Clause 60, insert the following new clause—
"Advice
Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 12 and 13.
Amendment No. 12 introduces a new clause to allow the Lord Chancellor to fund the provision of advice on commonhold. Amendment No. 75 removes paragraph 9 of Schedule 5. There are also consequential amendments. Amendment No. 13 replaces a joint regulation-making power in Clause 62 relating to compulsory purchase powers with a power for the Lord Chancellor to act alone. Amendment No. 23 adds an entry for residential commonhold units to Clause 68. If those amendments are uncontentious, I shall say no more.
Moved, That the House do agree with the Commons in their Amendments Nos. 12 and 13.—(Baroness Scotland of Asthal.)
The Earl of Caithness: My Lords, how much money has the Lord Chancellor set aside to help these people? Is the intention to help individuals or to help, for example, the RICS to pass on advice to its members?
Baroness Scotland of Asthal: My Lords, I am not able to say precisely how much money is set aside. I shall write to the noble Earl on the two matters that he has raised, because I am not able to give him precise details at the moment, although I am sure that I would be able to give him an answer if I stayed on my feet long enough.
On Question, Motion agreed to.
(1) The Lord Chancellor may give financial assistance to a person in relation to the provision by that person of general advice about an aspect of the law of commonhold land, so far as relating to residential matters.
(2) Financial assistance under this section may be given in such form and on such terms as the Lord Chancellor thinks appropriate.
(3) The terms may, in particular, require repayment in specified circumstances."
13Clause 62, page 29, line 15, leave out from beginning to "by" in line 17
14Clause 63, page 29, line 32, leave out from "as" to end of line 34 and insert "land registration rules within the meaning of the Land Registration Act 2002,"
15Page 29, line 36, leave out "rules under section 144" and insert "land registration rules"
16Page 29, line 37, leave out "rules under section 144" and insert "land registration rules"
17Page 30, line 2, leave out paragraph (b)
18Page 30, line 24, leave out "145 of the Land Registration Act 1925 (c. 21)" and insert "102 of the Land Registration Act 2002"
19Page 30, line 30, leave out "1925" and insert "2002"
20Clause 65, page 30, line 45, leave out "1925" and insert "2002"
21Page 31, line 12, leave out subsection (6)
22Clause 67, page 31, line 30, leave out from "(c. 20)," to "defining" in line 31 and insert "the Companies Act 1985 or the Land Registration Act 2002"
23Clause 68, page 32, line 23, at end insert—
"Residential commonhold unit Section 17"
Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 14 to 23.
Moved, That the House do agree with the Commons in their Amendments Nos. 14 to 23.—(Baroness Scotland of Asthal.)
On Question, Motion agreed to.
24Clause 78, page 38, line 41, leave out "one month" and insert "three months"
25Clause 88, page 44, line 22, leave out "one month" and insert "three months"
26Page 44, line 25, leave out "one month" and insert "three months"
27Clause 91, page 47, line 9, leave out from first "date" to end of line 10
28Clause 92, page 47, line 34, leave out from beginning to "must" in line 37 and insert "The duty imposed by this section"
29Clause 96, page 49, line 8, at end insert "; but nothing in this section or section 97 applies in relation to an approval concerning only a part of the premises consisting of a flat or other unit not held under a lease by a qualifying tenant."
30Page 49, line 37, at end insert "; and an approval required to be obtained by virtue of a restriction entered on the register of title kept by the Chief Land Registrar is, so far as relating to a long lease of the whole or any part of any premises, to be treated for the purposes of this Chapter as an approval under the lease."
31Clause 100, page 51, line 18, after "leases" insert "(including enactments contained in this Act or any Act passed after this Act)"
32Clause 109, page 55, line 6, at end insert "or"
33Page 55, line 10, leave out from "rent)" to end of line 12
The Minister of State, Department for Transport, Local Government and the Regions (Lord Falconer of Thoroton): My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 24 to 33.
The amendments deal with various aspects of the right to manage. Amendments Nos. 24 to 28 increase from one month to three months the period that elapses between a determination that the right-to-manage company is entitled to exercise the right to manage and the acquisition of that right. Noble Lords will no doubt recall the discussion about that in this Chamber. I gave an undertaking on Report that we would consult. The procedures as originally drafted would have allowed leaseholders to take over the management of their block without necessarily having all the supporting information and access to funds. Concerns have been expressed about that. After consulting interested parties and listening to their concerns, we have brought forward these amendments, the critical aspect of which is the extension from one month to three months.
The aim of Amendment No. 29 is to clarify the existing provisions relating to approvals once the right to manage has been exercised. Concerns have been expressed that under the current drafting it could be argued that the RTM company would have functions relating to approvals in relation to commercial tenancies under Clauses 96 and 97. That has never been our intention. This technical amendment is intended to ensure that the right-to-manage company only has functions relating to approvals for premises held under a long residential lease by a qualifying tenant.
Amendment No. 30 is another technical amendment that will prevent an anomaly highlighted by the Land Registry in the approvals regime. Amendment No. 31 is a technical amendment that makes it clear that the power in Clause 100(2) applies to subsequent Acts of Parliament and to the provisions in the Bill. Amendments Nos. 32 and 33 are technical amendments that will remove an inconsistency in Clause 109, which, as noble Lords will all know, deals with notices in relation to the right to manage.
I have gone through the amendments after Amendment No. 28 quite cursorily, but I shall be happy to answer any questions.
Moved, That the House do agree with the Commons in their Amendments Nos. 24 to 33.—(Lord Falconer of Thoroton.)
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