§ Mr. KaufmanI beg to move Amendment No. 58, in page 127, line 4, at end insert—
'2A. In section 189(1) of that Act, in the definition of "housing association" after the words "those of" there shall be inserted the word "providing" and after the word "houses" there shall be inserted the words "or hostels as defined in section 111(1) of the Rousing Act 1974".'.
§ Mr. KaufmanThe amendments make two changes to the definition of housing association in the Housing Act 1957 and its Scottish equivalent, the Housing (Scotland) Act 1966—first, to include among the purposes or objects or powers of associations the provision, as distinct 1419 from the construction or improvement and so on, of houses and hostels; second, to include hostels as well as houses.
§ Amendment agreed to.
§
Amendment made: No. 59, in page 129, line 9, at end insert—
'8A. In section 208(1) of that Act, in the definition of "housing association" after the words "those of" there shall be inserted the word "providing" and after the words" housing accommodation "there shall be inserted the words" including hostels, as defined in section 21(4) of the Housing (Financial Provisions) (Scotland) Act 1968".'.—[Mr. Kaufman.]
§ Mr. KaufmanI beg to move Amendment No. 19, in page 131, line 18, leave out 'Part of this'.
The amendment corrects an error. The schedule now numbered 11 is not and never has been divided into parts. The reference to "this part" of the schedule in paragraph 17 is therefore erroneous.
§ Amendment agreed to.
§
Amendment made: No. 57, in page 133, line 17, at end insert:
'26A.—(1) In section 91(1) of the 1972 Act (exceptions from duty to give information about service charges) at the end of paragraph (d) there shall be added the words" which either is registered under section 13 of the Housing Act 1974 or falls within any of paragraphs (a) to (c) of section 18(1) of that Act.
(2) This paragraph shall come into operation on the operative date '.—[Mr. Kaufman.]
§ The following amendments stood upon the Order Paper:
§
No. 66, in page 133, line 47, at end insert:
(e) where the land is owned by a private landlord, the carrying out voluntarily by the landlord of any improvement to the dwelling or of redevelopment on the land; and'.
§
No. 67, in page 134, line 13, at end insert:
(v) where paragraph (e) above applies, the landlord carrying out the improvement or redevelopment '.
§
No. 68, in page 135, line 4, at end insert:
(e) where the land is owned by a private landlord, the carrying out voluntarily by that landlord of any improvement to a house or building on the land or of redevelopment on that land; and'.
§ Mr. Douglas-Mann:It will not, I suppose, be welcome for me to move a significant amendment at 1.15 a.m. It is 1420 a reflection upon the absurd way in which we arrange our legislation that matters of some importance come up at a time when we cannot give them adequate attention.
The amendments are designed to amend the Land Compensation Act to enable a tenant displaced as a consequence of the carrying out by his landlord of voluntary improvement to receive payment under that Act. I moved identical amendments in Standing Committee, when the Minister expressed his sympathy for them but said that he would like to think about them again. He has been kind enough to write to me to say that, having looked into the matter, he cannot accept amendments along these lines because the Land Compensation Act as it stands provides for compensation where a local authority or statutory body exercises compulsory powers to compel the removal of the tenant from accommodation.
I submit that the powers under the Housing Act 1969 and the Housing Finance Act 1972, particularly Section 33, combined with the provisions of the Housing Finance Act which limit rent allowances involve—I speak on the basis of experience—specific cases of tenants, because the landlord is proposing to carry out improvements, finding it ultimately essential to move from those premises. Where the machinery of state is being used to compel displacement in this way, the tenant should be entitled to compensation under the Land Compensation Act, just as he would if the local authority were exercising compulsory powers.
I do not wish to repeat the argument we had in Committee, and which the Minister has been good enough to pursue in correspondence. In those circumstances, although I am by no means happy about the matter, which I hope will be pursued in other legislation in other places, I do not propose to move any of the amendments.
§ Mr. Deputy Speaker (Mr. George Thomas)In talking about it, the hon. Gentleman has been out of order if he does not intend to move the amendment.
§ Mr. KaufmanI beg to move Amendment No. 37, in page 134, line 17, after 'consequence', insert
'of the acceptance of an undertaking'.
§ Mr. Deputy SpeakerWith this amendment it will be convenient to consider Government Amendments Nos. 38 to 45.
§ Mr. KaufmanThese amendments extend the scope of the word "undertaking" in Section 29(7) of the Land Compensation Act 1973 and thereby bring tenants who were displaced in consequence of an undertaking under Clause 80 under the scope of the home loss payment, disturbance payment and rehousing obligation provisions.
§ Amendment agreed to.
§ Amendments made:
§ No. 38, in page 134, line 21, at end insert 'undertaking or'.
§
No. 39, in line 25, after 'order', insert
'for the words "or section 15(4)(i) of the said Act of 1966" there shall be substituted the words "section 15(4)(i) of the said Act of 1966 or section 80 of the Housing Act 1974"'.
§
No. 40, in page 135, line 18, after 'consequence', insert
'of the acceptance of an undertaking'.
§ No. 41, in line 22, at end insert 'undertaking or'.
§
No. 42, in line 46, after 'consequence', insert
'of the acceptance of an undertaking'.
§
No. 43, in line 3, leave out from second 'the' to the end of line 4 and insert
'works specified in the undertaking, the carrying out of the improvement or, as the case may be, the carrying out of the works specified in the notice'.
§
No. 44, in line 9, leave out ' paragraph (d) of subsection (1) above applies' and insert
'subsection (1) above applies in consequence of the acceptance of an undertaking under section 80 of the Housing Act 1974 or the service of an improvement notice within the meaning of Part VII of that Act'.
§ No. 45, in line 12, leave out 'the Housing Act 1974' and insert 'that Act'.—[Mr. Kaufman.]