HC Deb 21 June 1984 vol 62 cc568-9
Mr. Gow

I beg to move amendment No. 6, in page 3, line 13, leave out 'the person concerned' and insert 'a person to whom this section applies'.

Mr. Speaker

It will be convenient to discuss at the same time Government amendments Nos. 8, 23 and 35.

Mr. Gow

The purpose of this group of amendments is to clarify the position of personal representatives and beneficiaries and to extend the provision at present contained in claue 4(6) to include any person who acquires a relevant interest otherwise than on a disposal for value. These amendments improve the Bill, and I commend them to the House.

Amendment agreed to.

Amendments made: No. 7, in page 3, line 17, leave out from `(b)' to 'on' in line 18.

No. 8, in page 3, line 18, leave out 'he' and insert 'that person'.

No. 9, in page 3, line 20, leave out from 'defect' to first `the' in line 21 and insert `(bb)'.—[Mr. Gow.]

Mr. Ancram

I beg to move amendment No. 10, in page 3, line 28, leave out from 'if' to end of line 31 and insert `the appropriate authority are of the opinion that—

  1. (a) work to the building that consists of or includes the dwelling has been carried out in order to deal with the qualifying defect, and
  2. (b) on the completion of the work, no further work relating to the dwelling was required to be done to the building in order to deal satisfactorily with the qualifying defect.'.

Mr. Speaker

With this it will be convenient to take Government amendment No. 21 and amendment No. 22, in clause 3, page 6, line 3, leave out paragraphs (a) and (b) and insert 'the work'.

Mr. Ancram

This is essentially a technical amendment to recast clause 2(4). It is designed to make the subsection more readily understandable and effective and to prevent the absurdity of a person whose dwelling is properly reinstated from being able to pursue a new application to the point where the appropriate authority has to determine whether conditions in clause 3 or clause 4 have been met.

Government amendment No. 21 proposes modifications to clause 3(7). The purpose of the amendment is to clarify and, in one respect, tighten, the drafting of clause 3(7). I do not wish to anticipate what Labour Members may wish to say in favour of amendment No. 22. However, its effect, if agreed to, would be the complete opposite of what the Government are trying to achieve. It would create ambiguity and uncertainty about the extent of the work whereas we are trying more clearly to provide a definition. In the light of my remarks, I hope that the House will accept the Government's amendment.

Amendment agreed to.

The Parliamentary Under-Secretary of State for Wales (Mr. Wyn Roberts)

I beg to move amendment No. 11, in page 3, line 32, at beginning insert `In this Act, references to a disposal, except in paragraph 2 of Schedule 2, include references to a part disposal; but'.

Mr. Speaker

With this it will be convenient to take Government amendments Nos. 12, 13 and 74.

Mr. Roberts

These are essentially drafting amendments. Under clauses 2(2)(a) one of the basic criteria establishing eligibility for assistance under the scheme is that there must have been a disposal by a public sector authority of a relevant interest in the defective dwelling before the cut-off date. The fact that a reference to a disposal includes a reference to a part disposal is tucked away in clause 19. We think that it would be more helpful if that meaning were apparent in clause 2, which sets out the criteria for eligibility.

Amendment agreed to.

Amendments made: No. 12, in page 4, line 6, leave out `of' and insert 'on which'.

No. 13, in page 4, line 8, after 'subsists', insert 'was acquired'.—[Mr. Wyn Roberts.]

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