§ Lords amendment: No. 220, after schedule 22, in page 150, line 33, at end insert—
§ "Exercise of powers of local authority
§ 1. If it appears to a local authority that a house which is occupied by persons who do not form a single household is not provided with such means of escape from fire as the local authority considers necessary the local authority may exercise such of its powers under this Schedule such as appear to it most 685 appropriate; and it shall do so if the house is of such description or occupied in such manner as the Secretary of State may by order specify.
§ Powers available to local authority
§ 2.—(1) The local authority may serve a notice on any person on whom a notice may be served under section 15 of the Housing Act 1961 specifying the works which in the opinion of the local authority are required to provide the necessary means of escape from fire and requiring the person on whom the notice is served to execute those works within such period, not less than twenty-one days from the service of the notice, as may be specified in the notice.
§ (2) The period specified in the notice may from time to time be extended by the local authority.
§ (3) Where the local authority serves a notice on any person under this paragraph it shall inform any other person who to its knowledge is an owner, lesee or mortgagee of the house of the fact that the notice has been served.
§ 3. If it appears to the local authority that the means of escape from fire would be adequate if part of the house were not used for human habitation the local authority may secure that that part is not so used.
§ 4. The local authority may secure that part of the house is not used for human habitation and serve a notice under paragraph 2 above specifying such works only as in the opinion of the authority are required to provide the means of escape from fire which will be necessary if that part is not so used.
§ 5. For the purpose of securing that a part of the house is not used for human habitation the local authority may, if after consultation with any owner or mortgagee it thinks fit to do so, accept an undertaking from him that that part will not be used for human habitation without the permission of the local authority.
§ 6. If the local authority does not accept an undertaking under paragraph above with respect to a part of the house, or if, in a case where it has accepted such an undertaking, that part of the house is at any time used in contravention of the undertaking, the local authority may make a closing order with respect to that part of the house.
§ Enforcement
§ 7. Any person who, knowing that an undertaking has been accepted under paragraph 5 above, uses the part of the house to which the undertaking relates in contravention of the undertaking, or permits that part of the house to be so used, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 and to a further fine of £5 for every day, or part of a day, on which he so uses it or permits it to be so used after conviction.
§ Consultation with fire authority
§ 8. A local authority shall, before serving a notice, accepting an undertaking or making a closing order under this Schedule, consult with the fire authority concerned.
686§ Exclusion of Rent Act protection
§ 9. Nothing in the 1977 Act shall prevent possession being obtained of any part of a house which, in accordance with any undertaking in pursuance of this Schedule, cannot for the time being be used for human habitation.
§ Interpretation
§ 10. In this Schedule expressions defined in the 1957 Act have the same meanings as in that Act.
§ Application and amendment of enactments
§ 11. Part II of the 1957 Act shall apply to a closing order made under this Schedule as it applies to a closing order under section 18(1) of that Act, but the ground on which, under section 27(2) of that Act, the local authority is required to determine the order shall be that it is satisfied that the means of escape from fire with which the house is provided is adequate (owing to a change of circumstances) and will remain adequate if the part of the house with respect to which the order was made is again used for human habitation.
§ 12. In section 17(1) of the Housing Act 1961 for the words "either of the two last foregoing sections" there are substituted the words "section 15 of this Act or Schedule B to the Housing Act 1980" and for the words from "in the case of a notice" to "that section" there are substituted the words "in the case of a notice under that Schedule, that the notice is not justified by the terms of that Schedule".
§ 13. In section 18(1) of the Housing Act 1961 for the words "section fourteen, section fifteen or section sixteen of this Act" there are substituted the words "secton 14 or 15 of this Act or Schedule B to the Housing Act 1980".
§ 14. In section 61 of the 1969 Act for the words "section 14, 15 or 16 of the Housing Act 1961" there are substituted the words "section 14 or 15 of the Housing Act 1961 or Schedule B to the Housing Act 1980".
§ 15. In section 29(7) of the Land Compensation Act 1973 for the words "section 60 of the Housing Act 1969" there are substituted the words "Schedule B to the Housing Act 1980" and for the words "section 60(2) of the said Act of 1969" the words "paragraph 5 of the said Schedule B."."
§ Read a Second time.
§ Amendment to the Lords amendment:
§
Leave out paragraphs 12 to 14 and insert:—
'12. Any reference in the provisions relating to houses in multiple occupation (that is to say Part II of the Housing Act 1961, Part IV of the Housing Act 1964 and Part IV of the 1969 Act) to section 16 or Part II of the Housing Act 1961 shall be construed as including a reference to this Schedule; but the functions of a local authority under this Schedule shall not be among those referred to in section 70 of the 1969 Act (review of housing conditions by local authorities).—[Mr. Stanley.]
§ Question put, That the amendment to the Lords amendment be made:—
§ The House divided: Ayes 263. Noes 150.
§ See Division 452
§ in column 1095
§ Question accordingly agreed to.
§ Mr. Deputy SpeakerThe Question is, That this House doth agree with the Lords in amendment No. 220, as amended.
§ Mr. Deputy SpeakerI am putting the Question.
§ Question put:—
§ The House divided: Ayes 254, Noes 55.
§ See Division 453
§ in column 1099
§ Question accordingly agreed to.
§ Lords amendments Nos. 147 to 164, 167, 169 to 183, 185 to 197, 199 to 202, 207, 209 and 211 to 251 agreed to.
§ Mr. Deputy SpeakerI have now to designate any amendments involving privilege. The amendments in question are Nos. 165, 166, 168, 184, 198, 203 to 206, 208 and 210.
These designated amendments must now be put to the House. I understand that the Minister proposes to move, That this House doth agree with all those amendments. Is the House willing for me to put the Questions on these amendments en bloc? [HON. MEMBERS: "No."] Then I must put them separately.