HL Deb 21 July 1977 vol 386 cc428-30

17 Page 7, line 8, at end insert— (1A) Subject to the following provisions of this section, any person who is on any premises used wholly for residential purposes as a trespasser is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of a person who, not being a displaced residential occupier, is nevertheless entitled to occupy the premises and who, at the time when the requirement to leave the premises is made, both intends within six weeks either to occupy the premises himself or (while remaining so entitled) to secure their occupation by some other person and informs the trespasser or causes him to be informed accordingly. The provisions of this subsection shall not make guilty of an offence any person holding over after the expiry of a tenancy or licence.

AMENDMENTS MOVED IN LIEU THEREOF

17A Page 7, line 8, leave out from first ("of") to end of line 8 and insert— ("(a) a displaced residential occupier of the premises; or (b) an individual who is a protected intending occupier of the premises by virtue of subsection (1A) or subsection (1C) below. (1A) For the purposes of this section an individual is a protected intending occupier of any premises at any time if at that time—

  1. (a) he has in those premises a freehold interest or a leasehold interest with not less than 21 years still to run and he acquired that interest as a purchaser for money or money's worth; and
  2. (b) he requires the premises for his own occupation as a residence; and
  3. (c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and
  4. (d) he or a person acting on his behalf holds a written statement—
    1. (i) which specifies his interest in the premises; and
    2. (ii) which states that he requires the premises for occupation as a residence for himself; and
    3. (iii) with respect to which the requirements in subsection (1B) below are fulfilled.
(1B) The requirements referred to in subsection (1A)(d)(iii) above are—
  1. (a) that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and
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  2. (b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signature;
and a person is guilty of an offence if he makes a statement for the purposes of subsection (1A)(d) above which he knows to be false in a material particular or if he recklessly makes such a statement which is false in a material particular. (1C) For the purposes of this section an individual is also a protected intending occupier of any premises at any time if at that time—
  1. (a) he has been authorised to occupy the premises as a residence by an authority to which this subsection applies; and
  2. (b) he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and
  3. (c) there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that the authority is one to which this subsection applies, being of a description specified in the certificate, and that he has been authorised by the authority to occupy the premises concerned as a residence.
 (1D) Subsection (1C) above applies to the following authorities:—
  1. (a) any body mentioned in section 14 of the Rent Act 1977 (landlord's interest belonging to local authority etc.);
  2. (b) the Housing Corporation; and
  3. (c) a housing association, within the meaning of section 189(1) of the Housing Act 1957, which is for the time being either registered in the register of housing associations established under section 13 of the Housing Act 1974 or specified in an order made by the Secretary of State under paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975.")

17B Page 7, line 8, line 9, leave out ("this section") and insert ("subsection (1) above")

17C Page 7, line 8, line 14, leave out ("this section") and insert ("subsection (1) or (1B) above")

17D Page 7, line 8, line 20, leave out ("this section") and insert ("subsection (1) above")

Lord DONALDSON of KINGS-BRIDGE

My Lords, I beg to move that this House doth disagree with the Commons in their Amendment No. 17 and propose Amendments Nos. 17A to 17D in lieu thereof.

Moved, That the House doth disagree with the Commons in the said Amendment and propose Amendments Nos. 17A to 17D in lieu thereof.—(Lord Donaldson of Kingsbridge.)

On Question, Motion agreed to.