SCHEDULE INSERTED AFTER SCHEDULE I TO 1980 ACT SCHEDULE lA DETERMINATION OF RELEVANT PERIOD FOR THE PURPOSES OF SECTIONS I(3) AND 7(1) (Hansard, 21 December 1983)

HC Deb 21 December 1983 vol 51 cc526-8 526

§ Amendments made: No. 50, in page 54, line 16, leave out secure tenant or the spouse of a secure and insert public sector tenant or the spouse of a public sector.

§ No. 51, in page 54, leave out lines 17 to 28.

§ No. 52, in page 54, line 31, leave out 'secure' and insert 'public sector'.

§ No. 53, in page 54, line 35, leave out from 'unless' to 'at' in line 36 and insert the secure tenant and his spouse were living together'.

§ No. 54, in page 54, line 38, leave out from 'unless' to 'at' in line 39 and insert the secure tenant and his deceased spouse were living together'.

§ No. 55, in page 54, line 42, leave out 'secure' and insert 'public sector'.

§ No. 110, in page 54, line 43, leave out 'secure' and insert 'public sector'.

§ No. 56, in page 55, line 3, leave out from 'tenant' to end of line 10 and insert—

(b) the secure tenant's spouse; or
(c) the secure tenant's deceased spouse,

§ was an armed forces occupier or the spouse of an armed forces occupier.

§ (2) A period shall not qualify by virtue of sub-paragraph (1)(a), (b) or (c) above as a period during which the person there mentioned was the spouse of an armed forces occupier unless during that period that person occupied the accommodation of which his spouse was such an occupier.

§ (3) A period shall not qualify by virtue of sub-paragraph (1)(b) above unless the secure tenant and his spouse were living together at the relevant time.

§ (4) A period shall not qualify by virtue of sub-paragraph (1)(c) above unless the secure tenant and his deceased spouse were living together at the time of the death.'.

§ No. 57, in page 55, line 11, leave out 'secure' and insert 'public sector'.

§ No. 58, in page 55, line 13, leave out 'secure' and insert 'public sector'.

§ No. 59, in page 55, line 16, leave out 'secure' and insert 'public sector'.

§ No. 60, in page 55, line 17, leave out 'secure' and insert 'public sector'.

§ No. 61, in page 55, line 22, leave out 'secure tenant or one of joint tenants under a secure' and insert public sector tenant or one of the joint tenants under a public sector'.

§ No. 62, in page 55, line 24, leave out 'secure' and insert 'public sector'.

§ No. 63, in page 55, line 39, leave out from first 'a' to 'unless' in line 41 and insert 'public sector tenant or an armed forces occupier'.

§ No. 65, in page 55, line 44, leave out from beginning to end of line 18 on page 56 and insert— 6.—(1) For the purposes of this Schedule, a tenancy under which a dwelling-house is let as a separate dwelling is a public sector tenancy at any time when the conditions described below as the landlord condition and the tenant condition are satisfied, but subject to sub-paragraph (2) below.

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§ (2) A tenancy is not a public sector tenancy if it is a long tenancy within the meaning of paragraph I of Schedule 3 to this Act or it falls within paragraph 1 of Schedule 2 to the Housing (Northern Ireland) Order 1983.

§ (3) The landlord condition is that the interest of the landlord belongs to—

(a) a local authority within the meaning of section 50(1) of this Act, a county council, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 or, in Scotland, a regional, district or islands council, a joint board or joint committee of such a council or the common good of such a council or any trust under its control;
(b) the Housing Corporation;
(c) the Scottish Special Housing Association;
(d) the Northern Ireland Housing Executive;
(e) a development corporation established by an order made or having effect as if made under the New Towns Act 1981 or the New Towns (Scotland) Act 1968 or an urban development corporation within the meaning of Part XVI of the Local Government Planning and Land Act 1980;
(f) the Commission for the New Towns;
(g) the Development Board for Rural Wales;
(h) a housing association which falls within paragraph (a) of subsection (3) of section 15 of the 1977 Act but does not fall within paragraph (d) of that subsection;
(i) a housing association which falls within paragraph (e) of section 10(2) of the Tenants' Rights, Etc. (Scotland) Act 1980 but is not a registered society within the meaning of section 11 of that Act;
(j) a registered housing association within the meaning of Chapter II of Part II of the Housing (Northern Ireland) Order 1983;
(k) a housing co-operative within the meaning of Schedule 20 to this Act or section 5 of the Housing Rents and Subsidies (Scotland) Act 1975; or
(l) any predecessor of any person falling within the foregoing paragraphs;

or that, in such circumstances as may be prescribed for the purposes of this Schedule by order of the Secretary of State, the interest of the landlord belongs to such other person or persons as may be so prescribed.

§ (4) The tenant condition is that the tenant is an individual and occupies the dwelling-house as his only or principal home or, where the tenancy is a joint tenancy, each of the joint tenants is an individual and at least one of them occupies the dwelling-house as his only or principal home.

§ (5) References in this paragraph to a public sector tenancy or a public sector tenant are, in relation to any time before the commencement of Part I of the 1983 Act, references to a tenancy which would have been a public sector tenancy if that Part had then been in force or to a person who would have then been a public sector tenant; and for the purpose of determining whether a person would have been a public sector tenant and his tenancy a public sector tenancy, a housing association shall be deemed to have been registered under Part II of the 1974 Act, or Chapter II of Part VII of the Housing (Northern Ireland) Order 1981, if it is or was so registered at any later time.

§ (6) Where a person who is not the tenant of a dwelling-house has a licence (whether or not granted for a consideration) to occupy the dwelling-house and the circumstances are such that, if the licence were a tenancy, it would be a public sector tenancy, then, subject to sub-paragraph (7) below, this Schedule applies to the licence as it applies to a public sector tenancy and, as so applying, has effect as if expressions appropriate to a licence were substituted for "landlord", "tenant", "public sector tenant", "tenancy" and "public sector tenancy".

§ (7) Sub-paragraph (6) above does not apply to a licence which was granted as a temporary expedient to a person who entered a dwelling-house or any other land as a trespasser (whether or not before another licence to occupy that or another dwelling-house had been granted to him).'.

§ No. 66, in page 56, line 19 at end insert— armed forces occupier" means a person who occupies accommodation provided for him as a member of the regular armed forces of the Crown;'.

§ No. 67, in page 56, line 21 leave out 'or'.

§ No. 68, in page 56, line 23 after '1980', insert' 528 or the right to buy conferred by Chapter I of Part II of the Housing (Northern Ireland) Order 1983'.

§ No. 69, in page 56 leave out lines 26 to 31 and insert— public sector tenant" means a tenant under a public sector tenancy;'.—[Mr. Gow.]