HC Deb 14 June 1989 vol 154 cc1088-91 3.30 am
Mr. Gummer

I beg to move amendment No. 12, in page 191, line 6, at end insert—

The Sexual Offences Act 1956 In Schedule 1 to the Sexual Offences Act 1956 (rights of landlord where tenant convicted of permitting use of premises as a brothel) at the end of paragraph 5 there shall be added "Part I of the Housing Act 1988 and Schedule 9 to the Local Government and Housing Act 1989".'

Madam Deputy Speaker

With this it will be convenient to take Government amendments Nos. 13, 166, 14, 15 and 18.

Mr. Gummer

These are drafting amendments.

Mr. Tony Banks

I ask the Minister to give us some more detail to clarify Government amendment No. 18.

Mr. Gummer

Government amendment No. 18 is purely a drafting amendment. It introduces references to the long title to cover provisions that are consequential to parts I and II of the Housing Act 1988. When a house has been acquired or appropriated by a local authority for planning purposes, section 130 provides that the security that is given by the Rent Act to a tenancy of that property does not stop the local authority from obtaining possession.

Mr. Banks

Why parts I and II only of the Housing Act 1988? Why not the whole of the Act?

Mr. Gummer

Because the amendment is more appropriate to parts I and II.

Amendments made: No. 59, in page 191, line 6, at end insert—

'The Military Lands Act 1892 In section 8 of the Military Lands Act 1892 (provisions as to disbandment of volunteer corps etc.) subsection (3) shall be omitted.

The Small Holdings and Allotments Act 1908 In section 52 of the Small Holdings and Allotments Act 1908 (borrowing powers and expenses) subsection (3) shall be omitted.'.

No. 13 in page 191, line 21, at end insert—

'The Leasehold Reform Act 1967 In section 16 of the Leasehold Reform Act 1967 (exclusion of further rights after extension of lease) after subsection (1A) there shall be inserted the following subsection— (1B) A tenancy extended under section 14 above shall not be an assured tenancy or an assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988, and Schedule 9 to the Local Government and Housing Act 1989 shall not apply to a tenancy so extended."'.

No. 66, in page 191, line 24, leave out from 'immunities)' to 'The' in line 25 and insert— `after paragraph 9A there shall be inserted the following paragraph— 9B'.

No. 166, in page 191, line 37, leave out from beginning to `(scope' and insert—` '5.—(1) In section 130 of the Town and Country Planning Act 1971 (displacement of persons from land acquired or appropriated) in subsection (3) after the words "nothing in" there shall be inserted "Part I of the Housing Act 1988 or". (2) In section 192 of that Act'.

No. 116, in page 192, line 19, at end insert— '() In sub-paragraphs (1) and (2) of paragraph 41 of Schedule 12 to that Act (recording the minutes of meetings of local authorities), for the word "following" there shall be substituted "suitable"; and after sub-paragraph (3) of that paragraph there shall be inserted the following sub-paragraph— (4) For the purposes of sub-paragraphs (1) and (2) above the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 17 of the Local Government and Housing Act 1989 provide for another meeting of the authority to be regarded as suitable, either the next following meeting or that other meeting.".'.

No. 229, in page 192, line 25, at end insert—

'Local Government (Scotland) Act 1973 In sub-paragraph (1) of paragraph 7 of Schedule 7 to the Local Government (Scotland) Act 1973 (recording the minutes of meetings of local authorities) for the word "following" there shall be substituted the word "suitable"; and after sub-paragraph (2) of that paragraph there shall be inserted the following sub-paragraph—` (3) For the purposes of sub-paragraph (1) above, the next suitable meeting of a local authority is their next following meeting or, where standing orders made by the authority in accordance with regulations under section 17 of the Local Government and Housing Act 1989 provide for another meeting of the authority I o be regarded as suitable, either the next following meeting or that other meeting.".'.

No. 120, in page 192, line 26, at end insert— ' .In section 23(4) of the Local Government Act 1974 (consultation in appointing Local Commissioners), for the words "appropriate representative body," there shall be substituted the words "such persons as appear to the Secretary of State to represent authorities in England or, as the case may be, authorities in Wales to which this Part of this Act applies". .In section 23(12) of the Local Government Act 1974 (triennial reports to Part III authorities) the words "(through the appropriate representative body designated under section 24 below)" shall be omitted and at the end there shall be inserted the words "and shall send copies of those recommendations or conclusions to the representative persons and authorities concerned".'.

No. 158, in page 193, line 17, leave out from beginning to '(local' in line 18 and insert— `15. —(1) In section 33 of the Local Government (Miscellaneous Provisions) Act 1976 (restoration or continuation of supply of water, gas or electricity) in subsection (4) for the word "and", where it first occurs, there shall be substituted "the sum so recoverable, together with any interest accrued due, shall, until recovered, he a charge on the premises concerned and if' and at the end of that subsection there shall be inserted the following subsection— (4A) A charge under subsection (4) above takes effect from the date when the council makes the payment referred to in that subsection and, for the purposes of enforcing a charge,—

  1. (a) the council shall have the same powers and remedies, under the Law of Property Act 1925 and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and, subject to paragraph (b) below of appointing a receiver; and
  2. (b) the power to appoint a receiver shall be exercisable at any time after the expiry of one month from the date when the charge takes effect."
15A. In section 40 of that Act.'.

No. 14, in page 193, line 21, at end insert—

'The Rent (Agriculture) Act 1976 In section 33 of the Rent (Agriculture) Act 1976 (suspension of condition attached to planning permission), in subsection (2) after the words "let on or subject to" there shall be inserted "an assured agricultural occupancy, within the meaning of Chapter III of Part I of the Housing Act 1988, or".'.

No. 49, in page 195, line 17, at end insert 'and in this sub-paragraph "year" has the same meaning as in Part XIII of that Act (general financial provisions)'.

No. 312, in page 197, line 9, at end insert—

`The Local Government Act 1988 In section 25 of the Local Government Act 1988 (consent required for provision of financial assistance etc.) in subsection (1)(b) after the word "power" there shall be inserted "(whether conferred before or after the passing of this Act)".'.

No. 313, in page 197, line 10, leave out 'the Local Government Act 1988' and insert 'that Act'.

No. 327, in page 198, line 40, leave out from beginning to '(assistance' and insert— '(1) In section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy), in subsection (1)(a) for the words "a statutory periodic tenancy" there shall be substituted "an assured shorthold periodic tenancy (whether statutory or not)". (2) In section 129(5)(b) of that Act'.

No. 15, in page 198, line 43, at end insert— 'In Schedule 6 to that Act, in paragraph 9 (amendments of section 15 of Housing Associations Act 1985), in sub-paragraph (2) for "(3)" there shall be substituted "(2A)".'

No. 105, in page 198, line 43, at end insert— 'In Schedule 5 to that Act (Housing for Wales), in paragraph 5 (remuneration and allowances), in sub-paragraph (1)—

  1. (a) for the words "Secretary of State" there shall be substituted "Corporation"; and
  2. (b) for the word "he" there shall be substituted "Secretary of State".'—[Mr. Gummer.]

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