HC Deb 12 April 1984 vol 58 cc620-1

Lords amendment: No. 82, before clause 28, insert— .—(1) The Secretary of State may by order provide that, in cases falling within subsection (2) below, Part I of the 1980 Act and this Part of this Act shall have effect with such modifications as are specified in the order. (2) The cases referred to in subsection (1) above are cases where there are in a dwelling-house let on a secure tenancy one or more interests to which this subsection applies; and this subsection applies to any interest which—

  1. (a) is held by a body mentioned in section 18(3) above; and
  2. (b) is immediately superior to the interest of the landlord or to another interest to which this subsection applies.
(3) An order under this section may make different provision with respect to different cases or descriptions of case and may contain such consequential, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient. (4) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Mr. Gow

I beg to move, That this House doth agree with the Lords in the said amendment.

The new clause proposed in the amendment provides for a new power necessary as a consequence of our proposals, to which the House has agreed, to bring county council tenancies within the scope of the 1980 legislation. I give the House an undertaking that local authority associations will be offered an opportunity to comment before any order is made by my right hon. Friend under this clause. Any such order will come before the House in the ordinary way and will be subject to the negative resolution procedure. I hope that the House will agree with the amendment.

Mr. John Fraser

I wish to raise a small but important point. I was amazed to be consulted in the Lobby by someone who showed me correspondence with a county council whose tenants may become secure tenants as a result of the Bill. That county council had given notice of intention to take proceedings against its tenants to evict them before the Bill becomes law. It is disgraceful for a county council to try to anticipate the passage of the legislation and to deny someone security of tenure on which there is no disagreement on either side of the House. I hope that the Minister will deplore that sort of action.

Mr. Gow

I agree entirely with everything said by the hon. Gentleman.

Question put and agreed to.

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