HL Deb 30 October 1985 vol 467 cc1565-9

[References are to [Bill 199] as first printed for the Commons]

1 Clause 3, page 2, line 26, leave out '16, 19 or 20' and insert '15,18 or 19'.

2 Clause 6, page 3, line 3, leave out 'January' and insert 'April'.

3 Page 3, line 8, after ' 13', insert ' 14A'.

4 Page 3, line 9, leave out 'and 51 to 57' and insert '49A, 51 to 57 and 58A'.

5 Page 3, line 9, at end insert 'and 58B'.

6 Page 3, line 15, leave out '25 to 31' and insert '25 to 29, 31'.

7 Page 3, line 21, leave out '30'.

8 Schedule 1, page 4, line 47, column 3, leave out 'Sections 21 to 23' and insert 'Section 21'.

9 Page 1, line 7. leave out lines 18 and 19.

10 Page 7, line 28. column 3, leave out '118(1)' and insert '118'

11 Page 7, line 28. column 3, at end insert 'Section 145'.

12 Page 8, line 9, column 3, leave out 'in'.

13 Page 10, line 5, at end insert—

'1985 C.51. Local Government Act 1985 In Schedule 8, paragraphs 12(1) and (3) to (5) and 14(3).
In Schedule 13, in paragraph 21, the words "and section 80(l)(c) of the Housing Act 1980".
In Schedule 14, paragraphs 58(a) to (d) and (f) to (h), 64 and 65.'.

14 Page 10, line 39 at end insert—

'1975 c.45. Finance (No.2) Act 1975. In section 69(3)(e), the words "housing society".
In section 71(3), the wordsfrom"' housing society'"to "1964"'.

15 page 12, line 18, at beginning insert—

'1975 c.45. Finance (No.2) Act 1975. In section 69(3)(e), the words 'housing society".
In section 71(3), the words from "housing society' " to '1964" '.

16 Schedule 2, page 12, line 41, leave out 'the Greater London Council'.

17 Page 13, leave out lines 25 to 29 and insert— '(a) in paragraph 2(l)(a)(i) (standard of alternative accommodation) for "the local authority for the purposes of Part V of the Housing Act 1936" substitute "the local housing authority within the meaning of the Housing Act 1985" and after "or as the case may be" insert "the local authority".'

18 Page 13, line 33, leave out 'under Part II of and insert 'within the meaning of'.

19 Schedule 2, page 13, line 44, leave out '25' and insert '24'.

20 Page 14, leave out lines 46 to 48.

21 Page 15, line 40, leave out '24 and 25' and insert '23 and 24'.

22 Page 16, line 16, leave out '24' and insert '23'.

23 Page 16, line 20, leave out '24' and insert '23'.

24 Page 16, line 21, leave out '23' and insert '22'.

25 Page 16, line 25, leave out '24' and insert '23'.

26 Page 16, line 29, leave out '25' and insert '24'.

27 Page 16, line 37, leave out 'deposits' and insert 'loans to or deposits'.

28 Page 18, line 42, leave out paragraph 8.

29 Page 20, line 21, at end insert—

'Greater London Council (General Powers) Act 1967 (c.xx) 14A. In section 15 of the Greater London Council (General Powers) Act 1967 (application of provisions of Compulsory Purchase Act 1965 to acquisition by agreement of land for certain housing purposes), in subsection (I) for "Part V of the Act of 1957", in both places where it occurs, and for "the said Part V", substitute "Part II of the Housing Act 1985".'.

30 Page 22, line 5, leave out '10' and insert '8'.

31 Page 24, line 19, leave out '25' and insert '24'.

32 Page 24, leave out lines 33 to 48 and insert— ' "(7) Subject to subsection (8) below, the 'relevant authority' for the purposes of this section is the local housing authority within the meaning of the Housing Act 1985.".'.

33 Page 25, line 42, leave out '25' and insert '24'.

34 Page 26, line 44, at end insert— 'Greater London Council (General Powers) Act 1975 (c xxx) 29A.—(1) Section 7 of the Greater London Council (General Powers) Act 1975 (byelaws as to parking, &c on housing estates) is amended as follows.

(2) In subsection (1) (extension of power to make byelaws)—

  1. (a) for "subsection (1) of section 112 of the Housing Act 1957" substitute "section 23(1) of the Housing Act 1985", and
  2. (b) for "Part V" substitute "Part II".

(3) In subsection (2) (extension of ancillary provisions) for "the said section 112" substitute "section 23(1) of the Housing Act 1985".'.

35 Page 27, leave out lines 1 to 28.

36 Page 28, line 6, leave out from 'of' to end of line 13 and insert 'the Housing Act 1985'.

37 Page 28, line 37, leave out from first 'of' to end of line 40 and insert 'the Housing Act 1985'.

38 Page 29, line 12, leave out from first 'of' to end of line 13 and insert 'the Housing Act 1985'.

39 Page 29. line 33, at end insert—

  1. '(c) for the words from "(which impose" to "houses)" substitute "which imposes a rent limit in respect of the dwelling-house".'.

40 Page 30, line 3, leave out 'part' and insert 'Act'.

41 Page 30, line 5, leave out from 'for' to end of line and insert ' "local authority under section 82(1) of the Housing Act 1974" substitute "local housing authority under'.

42 Page 30, leave out lines 7 to 20.

43 Page 30, line 27, leave out from beginning to end of line 37 and insert—

  1. '(a) for "housing authority" wherever occurring substitute "local housing authority";
  2. (b) in paragraph 6 (overcrowding) for "the Housing Act 1957" substitute "Part X of the Housing Act 1985";
  3. (c) for paragraph 8 (meaning of "housing authority" and "district") substitute—
8. In this Part 'local housing authority' and 'district' in relation to such an authority have the same meaning as in the Housing Act 1985.".'.

44 Page 31, line 1, leave out from "the" to end of line 8 and insert "same meaning as in the Housing Act 1985".

45 Page 32. line 34, leave out from first "of" to "towards" in line 35 and insert "the Housing Act 1985".

46 Page 33, line 4, leave out "section 1 of"

47 Page 34, line 18, leave out from "of" to end of line 19 and insert "the Housing Act 1985".

48 Page 36, line 19, leave out from "of" to end of line 20 and insert "the Housing Act 1985".

49 Page 36, line 31, leave out "15" and insert "14".

50 Page 36, line 37, at end insert—

'Greater London Council (General Powers) Act 1981 (c.xvii)

49A.—(1) Part IV of the Greater London Council (General Powers) Act 1981 (control of overcrowding in certain hostels) is amended as follows.

(2) In section 9(1) (overcrowding notices), in the proviso (cases where similar restrictions are in force), for the words from "applied" to the end substitute "for the time being applied to the premises by a registration scheme under section 346 of the Housing Act 1985, a direction under section 354 of that Act, or an overcrowding notice under section 358 of that Act".

(3) In section 12(1) (penalties), in the proviso (exclusion where a person previously convicted under other similar provisions), for the words from "section 90(13)" to the end substitute "section 35 5(2) or 3 5 8(4) of the Housing Act 1985".

(4) In section 16 (premises exempted from controls)—

(a) in paragraph (e) (registered common lodging houses), for "section 238 of the Act of 1936" substitute "Part XII of the Housing Act 1985"; (b) in paragraph(l) (premises run by registered housing associations), for Part II of the Housing Act 1974" substitute "the Housing Associations Act 1985".".

51 Page 38, line 7, leave out 'or the Greater London Council'.

52 Page 38, line 8, leave out 'authority orCouncil's' and insert 'authority's'.

53 Page 38, line 14, leave out 'or Council'.

54 Page 38, line 19, leave out paragraph 53.

55 Page 38, line 44, at end insert—

'Greater London Council (General Powers) Act 1982 (c.i.)

54A. In section 4 of the Greater London Council (General Powers) Act 1982 (removal of vehicles illegally parked on housing estates)

(a) in subsection (1) for the words from "subsection (1)" to "Housing Act 1957" substitute "section 23(1) of the Housing Act 1985 (byelaws for regulation of authority's houses)"; (b) in the same subsection for "Part V of the said Act of 1957" substitute "Part II of the Housing Act 1985"; (c) in subsection (2) for "the said section 112" substitute "section 23(1) of the Housing Act 1985".'.

56 Page 40, line 12, at end insert—

'Greater London Council (General Powers) Act 1984 (c.xxvii)

58A.—(1) The Greater London Council (General Powers) Act 1984 is amended as follows.

(2) In section 10 (registration of certain sleeping accommodation: buildings to which the provisions apply), in subsection (2) (exceptions)—

(a) in paragraph (h) (premises run by registered housing association), for "Part II of the Housing Act 1974" substitute "the Housing Associations Act 1985"; (b) in paragraph (m) (registered common lodging houses), for "section 238 of the Public Health Act 1936" substitute "Part XII of the Housing Act 1985".

(3) In section 39 (occupants removed from buildings to have priority housing need), for "the Housing (Homeless Persons) Act 1977" substitute "Part III of the Housing Act 1985 (housing the homeless)".'.

57 Page 40, line 12, at end insert—

'Local Government Act 1985 (c.51)

58B. In Schedule 13 to the Local Government Act 1985 (provisions with respect to residuary bodies) for paragraphs 22 and 23 (application of certain housing enactments) substitute—

"22. A residuary body shall be treated as a local authority for the purposes of the following provisions of the Housing Act 1985—

sections 43 and 44 (consent required for certain disposals of houses), sections 45 to 51 (restrictions on recovery of service charges after disposal of house), Parts IV and V (secure tenancies and the right to buy), sections 442 (so far as relates to agreements within subsection (1)(b)), 443, 444, 452 and 453 (provision in connection with local authority mortgages), and Part XVI (assistance for owners of defective premises disposed of by local authorities and others).

23. A residuary body shall be treated as a local authority for the purposes of sections 84(5)(b) and 85(4) of the Housing Associations Act 1985 (consultation on forms of agreement and meaning of "relevant advance").

24. A residuary body shall be treated as a local authority for the purposes of the following provisions of the Landlord and Tenant Act 1985—

section 14(4) (exclusion of implied repairing obligation), and sections 18 to 30 (service charges).".'.

58 Schedule 3, page 40, line 41, column 2, leave out 'January' and insert 'April'.

59 Page 40, line 42, column 1, after '427', insert 'of that Act'.

60 Page 40, line 42, column 2, leave out '1985–86' and insert '1986–87'.

61 Page 41, line 6, leave out 'January' and insert 'April'.

62 Page 41, line 12, leave out 'January' and insert 'April'.

63 Page 41, line 13, at end insert— 'Commencement of the Local Government Act 1985 (c.51)

5.—(1) The consolidating Acts and the Local Government Act 1985 shall be construed and have effect as if the consolidating Acts had come into force immediately after that Act.

(2) References to a local authority in provisions of the consolidating Acts which confer powers, duties, rights or immunities by reference to things done by or in relation to a local authority before 1st April 1986 include references to the councils abolished by the Local Government Act 1985.

(3) Sub-paragraph (2) applies in particular to the following provisions—

section 45(2)(b) of the Housing Act 1985 (restriction on service charges payable after disposal of house by local authority), section 444(4) of that Act and section 85(4) of the Housing Associations Act 1985 (power to agree to indemnify mortgagee of property disposed of by local authority), section 573(1) of the Housing Act 1985 (definition of public sector authority for the purposes of assistance for persons having acquired defective housing from such an authority), paragraph 7(1) of Schedule 4 to that Act (public sector landlords for purposes of qualifying period for the right to buy), section 41(2) of the Housing Associations Act 1985 (approval of programme for purposes of housing association grant), and section 14(4) of the Landlord and Tenant Act 1985 (exclusion of implied repairing obligation in case of lease granted by local authority.'.

64 Page 42. line 31, leave out 'January' and insert 'April'.

65 Page 42, line 36, leave out 'January' and insert 'April'.

66 Page 42, line 40, leave out 'January' and insert 'April'.

67 Page 45, line 38, leave out 'January' and insert 'April'.

The Lord Chancellor

My Lords, with the leave of the House, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 to 67 en bloc.

Moved, That this House do agree with the Commons in their Amendments Nos. 1 to 67—(The Lord Chancellor.)

On Question, Motion agreed to.