HL Deb 30 October 1985 vol 467 cc1560-4

[References are to [Bill 197] as first printed for the Commons]

1 Clause 4, page 2, leave out lines 27 to 30 and insert— ("(e), "local authority" means a county, district or London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and in sections 45(2)(b), 50(2), 51(6), 80(1), 157(1), 171(2). 438, 441, 442, 443, 444(4), 452(2), 453(2), 573(1), paragraph 2(1) of Schedule 2, grounds 7 and 12 in Schedule 3, ground 5 in Schedule 4, paragraph 7(1) of Schedule 5, paragraph 5(l)(b) of Schedule 6 and Schedule 17 includes the Inner London Education Authority and a joint authority established by Part IV of the Local Government Act 1985.").

2 Leave out Clause 7.

3 Leave out Clause 9.

4 After Clause 16, insert the following new clause: ("Additional powers of authorities in London.

—(1) A London borough council may provide and maintain, in connection with housing accommodation provided by them under this Part buildings or parts of buildings adapted for use for any commercial purpose.

(2) A local housing authority in Greater London may make arrangements for the rehousing of any person by another such authority; and the arrangements may include provision for the payment of contributions by the former authority to the latter.

(3) The council of an Inner London borough and the Common Council of the City of London may, for the purpose of facilitating the erection of houses in their district, suspend, alter or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets or the construction of sewers or of buildings intended for human habitation.

(4) The powers conferred by subsections (1) and (3) are exercisable only with the consent of the Secretary of State.").

5 Insert the following new clause: ("Exercise of powers outside Greater London.

—(1) A local housing authority in Greater London shall not exercise any powers under this Part outside Greater London unless it appears to the Secretary of State, on an application by the authority, expedient that the needs of the authority's district with respect to the provision of housing accommodation should be satisfied by the provision of such accommodation outside Greater London, and he consents to the exercise of the power.

(2) The power conferred by section (Additional powers of authorities in London), (1) (provision of commercial buildings) shall not be exercised outside Greater London except with the consent of the council of the district concerned.").

6 Clause 17, page 7, line 2, after ("14"), insert ("and (Additional powers of authorities in London), (1)").

7 Page 7, line 18, after ("authorised"), insert ("to acquire land compulsorily").

8 Clause 44, page 19, line 28, leave out ("given by section 9") and insert ("applicable by virtue of the definition of "housing accommodation" in section 56").

9 Clause 45, page 20, line 12, at end insert— ("(3) The following provisions— section 170 (power of Secretary of State to give assistance in connection with legal proceedings), and section 181 (jurisdiction of county court), apply to proceedings and questions arising under this section and sections 46 to 51 as they apply to proceedings and questions arising under Part V (the right to buy).").

10 Page 22, line 8, leave out ("dwelling-house") and insert ("house").

11 Clause 56, page 25, line 6, at end insert— ("housing accommodation" includes flats, lodging-houses and hostels, and "house" shall be similarly construed;").

12 Clause 57, page 25, leave out lines 33 and 34 and insert—

("house section 56
housing accommodation section 56").

13 Page 25. line 37, at end insert—

("lease section 621 ").

14 Page 26, line 3, at end insert ("(and see section 452(3))").

15 Page 26, line 10, at end insert—

("tenancy and tenant section 621").

16 Clause 70. page 34, line 29, at end insert— (" (8) References in this section to personal property of the applicant include personal property of any person who might reasonably be expected to reside with him.").

17 Clause 80. page 39, leave out lines 15 and 16 and insert ("a local authority").

18 Clause 154, page 81, line 2, leave out ("granted for a term of which not more than 21 years are unexpired") and insert ("a lease for term of which not more than 21 years are unexpired or, as the case may be, a lease granted for a term not exceeding 21 years").

19 Clause 173, page 93, line 41, leave out ("the 1967 Act") and insert ("the Leasehold Reform Act 1967").

20 Page 101, line 37, column 2, at end insert ("(and see section 452(3))").

21 Clause 208, page 109, line 42, leave out ("cost") and insert ("expense").

22 Clause 263, page 144, line 34, after ("dwelling") insert ("(in provisions relating to housing action areas)").

23 Page 144, line 40, after ("lease"), insert (", lessee and lessor").

24 Page 144, line 48, at end insert—

("tenancy and tenant section 621").

25 Clause 294, page 160, line 19, leave out from ("prescribed") to ("before") in line 20 and insert ("and if objection to the order is made to the Secretary of State").

26 Clause 323, page 176, line 5, at beginning insert ("lease,").

27 Page 176, line 12, at end insert—

("prescribed section 614
reasonable expense section 321").

28 Clause 336, page 182, line 4. leave out ("house") and insert ("dwelling").

29 Clause 337, page 182, line 17, leave out ("house") and insert ("dwelling").

30 Clause 342, page 183, line 35, leave out ("house") and insert ("dwelling").

31 Page 183, line 36, leave out ("house") and insert ("dwelling").

32 Clause 353, page 191, line 17, leave out ("(b)"), and insert ("(c)").,

33 Clause 358, page 194, line 21, leave out ("house") and insert ("premises").

34 Page 194. line 30. leave out ("1") and insert ("4").

35 Clause 400, page 219, line 33, at end insert—

("tenant section 621").

36 Clause 434, page 234, line 30, at end insert—

("housing authority section 4(a)").

37 Clause 459, page 249, line 2, at end insert—

("first time purchaser section 449(2)(d)").

38 Page 249, line 16, at end insert—

("recognised body section 444(1)
recognised lending institution section 447
recognised savings institution section 448").

39 Clause 463, page 251, line 16, after ("until") insert ("they are satisfied that").

40 Clause 526, page 284, line 34, at end insert—

("general improvement area section 253").

41 Page 284, line 36, at end insert—

("housing action area section 239").

42 Page 285, line 10, at end insert—

("tenancy and tenant section 621").

43 Clause 531, page 287, line 23, leave out ("527(1)(c)") and insert ("527(d)").,

44 Clause 603, page 330, line 35, at end insert—

("closing order section 267(1),
demolition order (generally) section 267(1)
(in Schedules 24 and 25) section 588(2)").

45 Clause 614, page 335, line 24, leave out from ("prescribed") to end of line 25 and insert ("or").

46 Page 335, line 31, at end insert— ("(3) The power conferred by this section is not exercisable where specific provision for prescribing a thing, or the form of a document, is made elsewhere.").

47 Clause 619, page 337, line 37, leave out ("section 82 of the London Government Act 1963") and insert ("section 94 of the Local Government Act 1985").

48 Clause 622, page 339, line 5, leave out ("the Greater London Council or").

49 Clause 625, page 340, line 46, leave out ("1st January") and insert ("1st April").

50 Leave out Schedule 1.

51 Schedule 11, page 379, line 36, leave out ("notice or") and insert ("demand or copy, or of the").

52 Schedule 15, page 406, line 43, leave out ("paragraph 12 of Schedule 1") and insert ("section 23(3) of the London Government Act 1963 (orders transferring land held by London borough council or Common Council of City of London)").

53 Page 407, line 9. leave out ("paragraph 12 of Schedule 1") and insert ("section 23(3) of the London Government Act 1963").

54 Schedule 16, page 408, line 20, leave out from ("with") to end of line 21 and insert ("the following provisions of this paragraph").

55 Page 408, line 30, at end insert— ("2A) The limit referred to in sub-paragraph (1)(b) is in the case of a condition imposed before 8th December 1965—

  1. (a) if the tenancy is a regulated tenancy (other than a converted tenancy within the meaning of Schedule 17 to the Rent Act 1977), the rent which would be recoverable if the tenancy had been converted from being a controlled tenancy on the commencement of section 64 of the Housing Act 1980 and accordingly as if it were a converted tenancy;
  2. (b) if the tenancy is a converted tenancy, or a housing association tenancy within the meaning of Part VI of the Rent Act 1977, the rent recoverable under that Act;
  3. (c) if the tenancy is a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976, the rent recoverable in accordance with that Act;
  4. (d) in any other case, such rent as may from time to time be, or have been, agreed between the landlord and the local housing authority or as may, in default of agreement, be or have been determined by the Secretary of State.
(2B) The limit referred to in sub-paragraph (1)(b), is in the case of a condition imposed on or after 8th December 1965 such rent as the local housing authority may from time to time determine as being in their opinion the rent which would have been appropriate for them to charge if the house had been provided by them.").

56 Schedule 17, page 413, leave out line 34 and insert— ("(b), for other sums left outstanding, the county fund in the case of a county council and the general rate fund or general fund in any other case.").

57 Schedule 21, page 424, line 5, after ("Part") insert ("of this Act").

The Lord Chancellor

My Lords, I shall have to move the Motion separately in relation to each of the four Bills. If, however, I may speak now generally on the Motion that the House do agree with the Commons in their amendments to the Housing Bill, the amendments to all four Bills are of two kinds. The first arise from the Local Government Act 1985, which was not enacted when the consolidation took place. The second are numerous minor drafting corrections and improvements. The important point is that all have been seen and approved by the Chairman of the Joint Committee on Consolidation Bills and have been agreed with the other place. With your Lordships' permission, I should like to move all the amendments to the Housing Bill, the first of the four Bills, en bloc. If there is no objection, I shall do the same successively with the other Bills.

I beg to move that this House do agree with the Commons in their Amendments Nos. 1 to 57 en bloc.

Moved, That this House do agree with the Commons in their Amendments Nos. 1 to 57.—(The Lord Chancellor.)

Lord Elwyn-Jones

My Lords, what the noble and learned Lord has proposed seems to me to be excellent good sense.

The Lord Chancellor

My Lords, I am much obliged to the noble and learned Lord.

On Question, Motion agreed to.