HL Deb 14 November 1988 vol 501 c841

Clause 61, page 47, line 10, leave out subsection (2) and insert: ("(2) The Secretary of State shall, in each estate in any area in respect of which he proposes to make a designation order, make arrangements for the conduct of a ballot of tenants in the estate, and no order may be made under section 60 (1) above in respect of that estate unless a majority of tenants eligible to vote have approved the proposal. (2A) For the purposes of subsection (2) above, the Secretary of State may make regulations to provide for the definition of 'tenant'").

The Commons disagree to this amendment but propose the following amendments in lieu:

Clause 61, page 47,Line 10, leave out subsection (2) and insert: ("(2) Where the Secretary of State is considering a proposal to make a designation order, he shall use his best endeavours to secure that notice of the proposal is given to all tenants of houses in the area proposed to be designated who are either secure tenants or tenants of such description as may be prescribed by regulations. (2A) After having taken the action required by subsection (2) above, the Secretary of State shall either—

  1. (a) make arrangements for such independent persons as appear to him to he appropriate to conduct, in such manner as seems best to them, a ballot or poll of the tenants who have been given notice of the proposal as mentioned in that subsection with a view to establishing their opinions about the proposal to make a designation order; or
  2. (b) if it seems appropriate to him to do so, arrange for the conduct of a ballot or poll of those tenants in such manner as appears to him best suited to establish their opinions about the proposal.
(2) If it appears from a ballot or poll conducted as mentioned in subsection (2A) above that a majority of the tenants who, on that ballot or poll, express an opinion about the proposal to make the designation order are opposed to it, the Secretary of State shall not make the order proposed. (2C) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State by statutory instrument which shall he subject to annulment in pursuance of a resolution of either House of Parliament"). Clause 61, page 47,Line 14, leave out ("or steps taken"). Clause 61, page 47,Line 15, leave out ("or subsection (2) above as if taken") and insert ("above as if undertaken").

The Earl of Caithness

My Lords, I beg to move that the House do not insist on their amendment to Clause 61 to which the Comons have disagreed and do agree with the Commons in their amendments in lieu thereof.

Moved, That the House do not insist on their amendment to Clause 61 to which the Commons have disagreed and do agree with the Commons in their amendments in lieu thereof.—(The Earl of Caithness.)

On Question, Motion agreed to.