§ Mr. Ancram
I beg to move amendment No. 71, in line 9, column 1, leave out from 'authority' to 'specified' in line 10.
§ Mr. Ancram
The basic purpose of this daunting amendment is twofold. First, it is to revise the procedure to be adopted when a public sector authority, other than the housing authority, states that it wishes to acquire the defective dwelling under clause 18. Secondly, it is to provide that, where the public sector body acquires the dwelling but is not a body which can grant a secure tenancy under clause 8, it shall either secure the grant of a secure tenancy or secure the grant of a protected tenancy under the Rent Act 1977, or the Rent (Scotland) Act 1971, of the dwellinghouse or suitable alternative accommodation.
The amendments were inspired by an amendment which, although it was not formally moved, was tabled by the Opposition in Committee.
§ Amendment agreed to.
Amendments made: No. 72, in page 21, line 11, column 1, at end insert
'and any predecessor so specified of the authority'.
§ No. 73, in page 21, leave out lines 12 to 26 and insert—
§ '(3) The body concerned may, within the period of four weeks beginning with the service of the appropriate authority's notice under subsection (2) above, give them notice in writing—
- (a) stating that the body wishes to acquire the interest, and
- (b) specifying the address of the principal office of the body and any other address that may also be used as an address for service.
§ (4) Where the appropriate authority (in the following provisions referred to as the "original authority") receive a notice under subsection (3) above, they shall forthwith give to the person entitled to assistance notice in writing (in those provisions referred to as a "transfer notice") of—
- (a) the contents of the notice under subsection (39 above, and
- (b) the effect of subsections (5) and (6) below.
§ (5) The body concerned shall, at any time after the transfer notice is given, be treated as being the appropriate authority (in place of the original authority) for the purposes of anything done or falling to be done under this Act by or in relation to the appropriate authority.
§ (6) Where a transfer notice has been given in respect of an interest—
- (a) a request under section 6(1) or 7(1) of this Act in respect of the interest may be made either to the original authority or to the appropriate authority, and
- (b) such a request made to the original authority (whether before or after the transfer notice is given) shall be forwarded by them to the appropriate authority.
§ (7) Where, apart from subsection (8) below, the appropriate authority acquiring an interest in a defective dwelling might be required under section 8 of this Act to grant a secure tenancy (within the meaning of that section) to any person, but—
- (a) in relation to England and Wales, the authority are not one of the following bodies, that is, the bodies mentioned in section 28(4) of the 1980 Act or a housing association falling within section 15(3) of the 1977 Act, or
- (b) in relation to Scotland, the authority are not one of the bodies mentioned in section 10(2) of the Scottish Act of 1980.
§ (8) Those modifications are—
- (a) in subsection (3), for the words "a secure" there is substituted "or arrange for him to be granted an appropriate",
- (b) at the end of that subsection there is inserted—
- (i) a secure tenancy, or
- (ii) a protected tenancy, other than one under which the landlord might recover possession under one of the cases in Part II of Schedule 15 to the 1977 Act or, as the case may
580 be, Part II of Schedule 3 to the 1971 Act (cases where court must order possession)",
- (c) subsections (4), (8), (9) and (10) shall not apply,
- (d) in subsection (5), after the words "grant the tenancy" there is inserted "or arrange for it to be granted",
- (e) in subsection (6), after the word "section" there is inserted "or under any arrangement made for the purposes of subsection (3) above", and
- (f)in subsection (7), after the word "grant" there is inserted "or arrange for the grant of".'.—[Mr. Gow.]