HL Deb 23 February 1984 vol 448 cc872-3

Consideration on Third Reading resumed.

Clause 6 [Amendments with respect to cases excepted from restriction on operation of notices to quit]:

Lord Northfield moved Amendment No. 9:

Page 11, line 8, at end insert— ("( ) The following Case shall be inserted after Case H— Case I—the holding was let as a smallholding by a smallholdings authority or the Minister in pursuance of Part III of the Agriculture Act 1970 and was so let after the commencement of the Agricultural Holdings Act 1984, and—

  1. (a) the tenant has attained the age of 65; and
  2. (b) if the result of the notice to quit taking effect would be to deprive the tenant of living accommodation occupied by him under the tenancy, suitable alternative accommodation is available for him, or will be available for him when the notice takes effect: and
  3. 873
  4. (c) the instrument under which the tenancy was granted containd an acknowledgement signed by the tenant that the tenancy is subject to the provisions of this Case;
and it is stated in the notice to quit that it is given by reason of the matter aforesaid. Schedule 1A to this Act shall have effect for determining whether, for the purposes of paragraph (b) above, suitable alternative accommodation is or will be available for the tenant.".")

The noble Lord said: My Lords, on behalf of the noble Viscount, Lord Ridley, I beg to move Amendment No. 9. As far as I know, the following Amendments—Nos. 10, 17, 18, 20 and 21—can be taken with it as they are all consequential, or at least follow on from the paving Amendment No. 9. I believe that is correct. Clause 11 [Short title, commencement, transitional provisions and extents]: Amendment No. 10: Page 13, line 26, after ("references") insert ("in this Act, and in any Act amended by this Act,") Schedule 3 [Minor and Consequential amendments]: Amendment No. 17: Page 37, line 7, after ("compensation)") insert— ("(a)") Amendment No. 18: Page 37, line 9, at end insert (";and (b) the following words shall be added at the end ";or (e) the said section 2(1) does not apply to the relevant notice by virtue of Case I in the said section 2(3) (which relates to notices to quit smallholdings given where the tenant is over 65.".") Amendment No. 20: Page 37, line 42, at end insert— ("( ) in paragraph (a)(i), after the words "section 2(2) and (3) above" there shall be inserted the words "(including any question arising under Schedule 1A to this Act)";") Amendment No. 21: Page 38, line 46, at end insert— (". The following Schedule shall be inserted before Schedule 1 to that Act—

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