§ 1. An application under section [certain amenities to be disregarded in determining fair rent] above must be in the prescribed form and contain the prescribed particulars in addition to the rent which it is sought to register.
378§ 2. Any such application shall be made to the rent officer.
§ 3. Subject to paragraphs 4 and 5 below—
- (a) in any case where the registered rent was determined or confirmed by the rent officer without a reference to a rent assessment committee, Part I of Schedule 6 to the Rent Act 1968 shall have effect with respect to the procedure to be followed on any such application, and
- (b) in any case where there was a reference to a rent assessment committee under paragraph 6 (1) of the said Schedule 6, it shall be the rent officer's duty to refer the application to a rent assessment committee, and paragraphs 7 to 9 of the said Schedule shall have effect in relation to the procedure to be followed as they have effect in relation to a matter referred to a committee under the said paragraph 6 (1).
§ 4. In the application of Part I of Schedule 6 to the Rent Act 1968 to any case such as is mentioned in paragraph 3(a) above, there shall be omitted from paragraph 5 of that Schedule—
- (a) the words "as the case may require". and
- (b) paragraph (b) and the word "or" immediately preceding it.
§ 5. In the application of paragraphs 7 to 9 of the said Schedule to any case such as is mentioned in paragraph 3(b) above, paragraph 9(1)(a) shall be omitted.
§ 6. If it appears to the rent officer or, as the case may be, the rent assessment committee, that the determination or confirmation of the rent took account of a matter which would have fallen to be disregarded by virtue of section 46(3)(bb) of the Rent Act 1968 if that provision had been in force, it shall be the duty of the rent officer or the committee to determine what would have been the fair rent if that provision had been in force; and a rent assessment committee shall be under a corresponding duty on a reference to them under paragraph 6 of Schedule 6 to that Act, as applied by paragraph 3(a) above.
§
7. Section 44(4) of the Rent Act 1968 (which defines the relevant date for the purpose of determining the period that must elapse before an application for the registration of a different rent can be entertained) shall have effect, where a rent is registered under this Schedule, as if the following paragraph were inserted after paragraph (a):—
(aa) where on an application under section [certain amenities to be disregarded in determining fair rent] of the Housing Rents and Subsidies Act 1975 a rent is substituted for the rent previously registered, the date as from which the substituted rent takes effect; and".
§ 8. Subsection (1) of section 48 of the Rent Act 1968 (effect of registration of rent) shall have effect, in any case where the application for registration was made under section [certain amenities to be disregarded in determining fair rent] above as if there were added at the end the words "except where, on an application under section [certain amenities to be disregarded in determining fair rent] of the Housing Rents and Subsidies Act 1975, a new 379 rent is substituted for the rent previously registered; and in that case the registration shall take effect as from the date as from which the registration of the rent for which the new registered rent is substituted took effect".
§ 9. The provisions of this Schedule shall apply in relation to a rent notwithstanding that the registration of that rent has ceased to have effect under subsection (2) of the said section 48, by reason of a subsequent registration; and the register shall be amended to show the rent determined or confirmed under this Schedule.
§ 10. The following provisions of the Rent Act 1968, namely—
- section 20(2) (contractual rent limit);
- section 22(2) (limits of rent during statutory periods);
- section 33 (recovery from landlord of sums paid in excess of recoverable rent); and
- section 48(3) (validation of certain notices of increase);
§ 11. The power to make regulations under section 50 of the Rent Act 1968 for the purposes of Part IV of that Act shall extend to this Schedule'.—[Mr. Freeson.]
§ Brought up, and read the First and Second time, and added to the Bill.