1 Before Clause 1, insert the following new clause:
"Exception to the right to buy with respect to dwelling-houses for persons of pensionable age.
.—In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy: certain dwelling-houses for persons of pensionable age), there shall be substituted for paragraph 11—
11.—(1) The right to buy does not arise if the dwelling-house—
(2) In determining whether a dwelling is particularly suitable, regard shall be had as to whether the dwelling—
§ The Commons disagreed to the above amendment but proposed the following amendment in lieu thereof:
2 Before Clause 1. insert the following new clause:
"Exception to the right to buy in case of certain dwelling-houses for persons of pensionable age.
—In Schedule 5 to the Housing Act 1985 (exceptions to the right to buy),for paragraph 11 (certain dwelling-houses for persons of pensionable age) substitute—
11.—(1) The right to buy does not arise if the Secretary of State has determined on the application of the landlord, that it is not to be capable of being exercised with respect to the dwelling-house.
(2) The Secretary of State shall so determine if, and only if, he is satisfied that the dwelling-house—
(3) The Secretary of State shall for the purposes of this paragraph disregard the presence of any feature provided by the tenant or a predecessor in title of his.
(4) A dwelling-house which the Secretary of State is satisfied has the following features shall, subject to sub-paragraph (3), be taken for the purposes of this paragraph to be particularly suitable for occupation by persons of pensionable age.
(5) Those features are—
(6) The Secretary of State may by order vary the list of features in sub-paragraph (5) by adding or deleting features or amending the description of any listed feature; and an order may contain such transitional provision as appears to the Secretary of State to be appropriate.
(7) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) An application for a determination under this paragraph shall be made within the period for service of the landlord's notice under section 124 (notice admitting or denying right to buy).".
(2) The above amendment applies to any decision made by the Secretary of State after the commencement of this section, notwithstanding that the tenant's notice claiming the right to buy was served, or the application for a determination was made, before commencement.'.