HC Deb 09 February 1993 vol 218 cc887-903

`—(1) Nothing in this Part of this Act shall apply to property which:—

  1. (a) (i) belongs to a body not established or conducted for profit; and
  2. (ii) in relation to which the Treasury has for the time being given a direction under section 26 of the Inheritance Tax Act 1984;
  3. (b) is for the time being designated by the Treasury under section 31(1)(b), (c) or (d) of the Inheritance Tax Act 1984.

(2) Where an application to the Treasury for a direction under section 26 of the Inheritance Tax Act 1984 in relation to a property or designation of a property under section 31(1)(b), (c) or (d) of the Inheritance Tax Act 1984 is or has been made at any time before the expiry of one year from the coming into force of this section then subject to subsection (3) below if (before or after the making of the application) a notice is given by a tenant of a house of his desire to have the freehold under Part 1 of the Leasehold Reform Act 1967 ("the tenant's notice") or a notice is given under section I1 ("the initial notice")—

  1. (a) no further proceedings need be taken towards the determination of the terms of the proposed acquisition to which the notice relates beyond those which appear to the landlord in the case of the tenant's notice or the reversioner in the case of an initial notice, to be reasonable; but
  2. (b) the tenant in the case of the tenant's notice or the nominee purchaser in the case of the initial notice may at any time withdraw the notice by a further notice in writing given to the landlord in the case of a tenant's notice or the reversioner in the case of the initial notice and he shall not be required to make payment to the landlord, reversioner or any other relevant landlord in respect of costs incurred by reason of the notice withdrawn.

(3) Subsection (2) above shall cease to apply—

  1. (a) if within a period of two years from the date of the application it is withdrawn or the designation is refused or not given or no direction is given; or
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  2. (b) if the applicant has not, by advertisement or by other appropriate means given adequate notice to persons interested informing them of the application for designation.

(4) In the case where an application is withdrawn or refused subsection (2) does not apply at any time falling after—

  1. (a) the date of withdrawal of the application, or
  2. (b) the date when the decision of the Treasury refusing the application becomes final,
as the case may be.'.[Mr. Peter Ainsworth.]

Brought up, and read the First time.

Mr. Peter Ainsworth (Surrey, East)

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Michael Morris)

I understand that with this it will be convenient to discuss also the following: Amendment No. 116, in clause 4, page 5, line 30, at end insert— '( ) This chapter does not apply to premises forming part of a landholding for the time being designated as a heritage area under Schedule [Heritage area] to this Act.'.

Amendment No. 1, in page 5, line 37, at end insert—

'(5) This chapter does not apply to premises which—

  1. (a) are for the time being designated by the Treasury under section 31(1)(b), (c) or (d) of the Inheritance Tax Act 1984 or paragraph 3(3) of Schedule 4 to that Act, or
  2. (b) on application by the landlord, satisfy a leasehold valuation tribunal that they would qualify for designation under the aforesaid provisions of the Inheritance Tax Act 1984.

(6) The provisions of sections 63(4) and (5) shall apply to any application under section 4(5).

(7) Any application under section 4(5) must be made within the period of two years beginning with the date of the coming into force of this section.'.

Amendment No. 117, in clause 5, page 6, line 4, at end insert

'or (d) the lease is of a flat within premises forming part of a landholding for the time being designated as a heritage area under Schedule [Heritage area] to this Act.'.

Amendment No. 118, in clause 5, page 63, line 31, after `shall', insert , if the house is not comprised in a landholding designated as a heritage area in accordance with section [] of, and Schedule [Heritage area] to, the Housing and Urban Development Act 1993.'.

Amendment No. 2, in clause 59, page 63, line 42, at end insert—

'(3) This section does not apply to any house which

  1. (a) is for the time being designated by the Treasury under section 3(1)(b), (c) or (d) of the Inheritance Tax Act 1984 or paragraph 3(3) of Schedule 4 to that Act, or
  2. (b) on application by the landlord satisfies a leasehold valuation tribunal that is within an area which would qualify for designation under the aforesaid provisions of the Inheritance Tax Act 1984.

(4) The provisions of sections 63(4) and (5) of the Housing and Urban Development Act 1993 shall apply to any application under section 1A(3).

(5) Any application under section 1A(3) must be made within the period of two years beginning with the date of the coming into force of this section.'.

Amendment No. 119, new schedule:—

    cc888-903
  1. 'HERITAGE AREA 8,264 words