HL Deb 11 October 1988 vol 500 cc844-69

1—(1) In section 189 (repair notice in respect of unfit house), in subsection (1)—

  1. (a) at the beginning there shall be inserted the words "Subject to subsection (1A)", and
  2. (b) for the word "house", in each place where it occurs, there shall be substituted "dwelling-house".

(2) At the end of subsection (1) of that section there shall be inserted the following subsection— (1A) Where the local housing authority are satisfied that a dwelling-house which is a flat is unfit for human habitation by reason of the defective condition of a part of the building outside the flat, they shall serve a repair notice on the person having control of that part of the building, unless they are satisfied that the works which would be required to that part are such that the flat is not capable of being rendered so fit at reasonable expense.

(3) In subsection (2) of that section—

  1. (a) in paragraph (a) for the words from "within such reasonable time" onwards there shall be substituted the words "and to begin those works not later than such reasonable date, being not earlier than the seventh day after the notice becomes operative, as is specified in the notice and to complete those works within such reasonable time as is so specified, and"; and
  2. (b) in paragraph (b) for the word "house" there shall be substituted "dwelling-house".

(4) In subsection (3) of that section for the words "the house", in each place where they occur, there shall be substituted "the dwelling-house or part of the building concerned"; for the word "may" there shall be substituted "shall" and for the words "lessee or otherwise" there shall be substituted "or lessee".

(5) At the end of that section there shall he added the following subsection— (5) A repair notice under this section which has become operative is a local land charge.

2.—(1) In section 190 (repair notice in respect of house in state of disrepair, but not unfit), in subsection (1),—

  1. (a) for the word "house", in each place where it occurs, there shall be substituted "dwelling-house";
  2. (b) in paragraph (b), after the word "satisfied" there shall be inserted "whether" and after the word "tenant", in the first place where it occurs, there shall be inserted "or otherwise".

(2) At the end of subsection (1) of that section there shall be inserted the following subsection— (1A) Where the local housing authority—

  1. (a) are satisfied that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, substantial repairs are necessary to a part of the building outside the flat to bring the flat up to a reasonable standard, having regard to its age, character and locality, or
  2. (b) are satisfied, whether on a representation made by an occupying tenant or otherwise, that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, the condition of a part of the building outside the flat is such as to interfere materially with the personal comfort of the occupying tenant,
they may serve a repair notice on the person having control of the part of the building concerned."

(3) In subsection (2) of that section for the words from "within such reasonable time" onwards there shall be substituted "to execute the works specified in the notice, not being works of internal decorative repair, and—

  1. (a) to begin those works not later than such reasonable date, being not earlier than the seventh day after the notice becomes operative, as is specified in the notice; and
  2. (b) to complete those works within such reasonable time as is so specified."

(4) In subsection (3) of that section for the words "the house", in each place where they occur, there shall be substituted "the dwelling-house or part of the building concerned"; for the word "may" there shall be substituted "shall" and for the words "lessee or otherwise" there shall be substituted "or lessee".

(5) At the end of that section there shall be added the following subsection— (5) A repair notice under this section which has become operative is a local land charge.

3.—(1) In section 191 (appeals against repair notices), after subjection (I) there shall be inserted the following subsection— (1A) Without prejudice to the generality of subsection (1), it shall be a ground of appeal that some person other than the appellant, being a person who is an owner in relation to the dwelling-house or part of the building concerned, ought to execute the works or pay the whole or part of the cost of executing them.

(2) In subsection (3) of that section for the words "the house" there shall be substitued "the dwelling-house".

(3) After subsection (3) of that section there shall be inserted the following subsections— (3A) Where the grounds on which an appeal is brought are or include that specified in subsection (1A), the appellant shall serve a copy of his notice of appeal on each other person referred to; and on the hearing of the appeal the court may—

  1. (a) vary the repair notice so as to require the works to be executed by any such other person; or
  2. (b) make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the works are executed by the local housing authority, to the authority.

(3B) In the exercise of its powers under subsection (3A), the court shall take into account, as between the appellant and any such other person as is referred to in that subsection,—

  1. (a) their relative interests in the dwelling-house or part of the building concerned (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);
  2. (b) their relative responsibility for the state of the dwelling-house or building which gives rise to the need for the execution of the works; and
  3. (c) the relative degree of benefit to be derived from the execution of the works.

(3C) If, by virtue of the exercise of the court's powers under subsection (3A), a person other than the appellant is required to execute the works specified in a repair notice, then, so long as that other person continues to be an owner in relation to the premises to which the notice relates, he shall be regarded as the person having control of those premises for the purposes of the following provisions of this Part."

4.—(1) In section 192 (power to purchase houses found on appeal to be unfit etc.), in subsections (1) and (2) for the words "the house", in each place where they occur, there shall be substituted "the dwelling-house".

(2) In subsection (3) of that section for the words "the house" there shall be substituted "the dwelling-house or part of the building in question".

(3) In subsection (4) of that section for the words "the house" there shall be substituted "the dwelling-house".

5.—(1) In section 193 (power of local housing authority to execute works) for subsection (2) there shall be substituted the following subsections— (2) For the purpose of this Part compliance with the notice means beginning and completing the works specified in the notice,—

  1. (a) if no appeal is brought against the notice, not later than such date and within such period as is specified in the notice;
  2. (b) if an appeal is brought against the notice and is not withdrawn, not later than such date and within such period as may be fixed by the court determining the appeal; and
  3. (c) if an appeal brought against the notice is withdrawn, not later than the twenty-first day after the date on which the notice becomes operative and within such period (beginning on that twenty-first day) as is specified in the notice.

(2A) If, before the expiry of the period which under subsection (2) is appropriate for completion of the works specified in the notice, it appears to the local housing authority that reasonable progress is not being made towards compliance with the notice, the authority may themselves do the work required to be done by the notice."

(2) At the end of that section there shall be added the following subsection— (4) If, after the local housing authority have given notice under section 194 of their intention to enter and do any works, the works are in fact carried out by the person having control of the dwelling-house or part of the building in question, any administrative and other expenses incurred by the authority with a view to doing the works themselves shall be treated for the purposes of Schedule 10 as expenses incurred by them under this section in carrying out works in default of the person on whom the repair notice was served.

6.—(1) In section 194 (notice of authority's intention to execute works), in subsection (1)—

  1. (a) for the words "a house" there shall be substituted "any premises";
  2. (b) for the word "may" there shall be substituted "shall"; and
  3. (c) for the words "the house", in each place where they occur, there shall be substituted "the premises".

(2) In subsection (2) of that section for the words "the house", in each place where they occur, there shall be substituted "the premises".

7. In section 198 (penalty for obstruction), in subsection (2) for the words "level 2" there shall be substituted "level 3".

8. After section 198 there shall be inserted the following section—

"Penalty.for failure to execute works.

198A.—(1) A person having control of premises to which a repair notice relates who intentionally fails to comply with the notice commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(2) The obligation to execute the works specified in the notice continues notwithstanding that the period for completion of the works has expired.

(3) Section 193(2) shall have effect to determine whether a person has failed to comply with a notice and what is the period for completion of any works.

(4) The provisions of this section are without prejudice to the exercise by the local housing authority of the powers conferred by the preceding provisions of this Part."

9. Sections 199 to 201 (recovery by lessee of proportion of works and provisions as to charging orders) shall cease to have effect.

10. In section 203 (saving for rights arising from breach of covenant, etc.), in subsection (3) for the words "a house" there shall be substituted "any premises".

11. In section 205 (application of provisions to parts of buildings and temporary or movable structures) paragraph (a) shall be omitted and for the word "house" there shall be substituted "dwelling-house".

12.—(1) In section 207 (definitions)—

(a) for the definition beginning "house" there shall be substituted—

""dwelling-house" and "flat" shall be construed in accordance with subsection (2) and "the building", in relation to a flat, means the building containing the flat";

(b) in the definition of "person having control" for the words "in relation to premises" there shall be substituted "subject to section 191(3A),— (a) in relation to a dwelling-house";

(c) at the end of that definition there shall be added "and

(b) in relation to a part of a building to which relates a repair notice served under subsection (1A) of section 189 or section 190, means a person who is an owner in relation to that part of the building (or the building as a whole) and who, in the opinion of the authority by whom the notice is served, ought to execute the works specified in the notice"; and

(d) after the definition of "person having control" there shall be inserted— premises" includes a dwelling-house or part of a building and, in relation to any premises, any reference to a person having control shall be construed accordingly".

(2) At the end of that section there shall be inserted the following subsection— (2) For the purposes of this Part a "dwelling-house" includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

13.—(1) In Schedule 10 (recovery of expenses incurred by local housing authority), in paragraph 2, in sub-paragraph (I) for the words following "authority" there shall be substituted— (a) where the works were required by a notice under section 189 or section 190 (repair notices), from the person having control of the dwelling-house or part of the building to which the notice relates; and

(b) in any other case, from the person on whom the notice was served; and in the following provisions of this paragraph the person from whom expenses are recoverable by virtue of this sub-paragraph is referred to as "the person primarily liable"."

(2) In sub-paragraphs (2) and (3) of paragraph 2 of that Schedule for the words "on whom the notice was served", in each place where they occur, there shall be substituted "primarily liable".

(3) In paragraph 6 of that Schedule (appeals) after sub-paragraph (1) there shall be inserted the following sub-paragraph— (1A) Where the demand for recovery of expenses relates to works carried out by virtue of section 193(2A), it shall be a ground of appeal that, at the time the local housing authority gave notice under section 194 of their intention to enter and do the works, reasonable progress was being made towards compliance with the repair notice."").

On Question, amendment agreed to.

Schedule 14 [Minor and consequential amendments]:

The Earl of Caithness moved Amendment No. 157C:

Page 146, line 7, at end insert:

("The Reserve and Auxiliary Forces (Protection of Civil Interests) Act1951

In section 4 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (recovery of possession of dwelling-houses in default of payment of rent precluded in certain cases) after subsection (2) there shall be inserted the following subsection— (2A) For the purposes of the foregoing provisions of this Act, a judgment or order for the recovery of possession of a dwelling-house let on an assured tenancy within the meaning of Part I of the Housing Act 1988 shall be regarded as a judgment or order for the recovery of possession in default of payment of rent if the judgment or order was made on any of Grounds 8, 10 and 11 in Schedule 2 to that Act and not on any other ground.

. For section 16 of that Act (protection of tenure of rented premises by extension of Rent Acts), as it applies otherwise than to Scotland, there shall be substituted the following section—

"Protection of tenure of certain rented premises by extension of Housing Act1988.

16.—(1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man's period of residence protection—

  1. (a) a tenancy qualifying for protection which is a fixed term tenancy ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and
  2. (b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory periodic tenancy of the rented family residence would arise, apart from the provisions of this section,

Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period.

(2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man's period of residence protection—

  1. (a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section, and
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  2. (b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
  3. (c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,

Chapter I of Part I of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.

(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.

(4) The circumstances referred to in subsections (1) and (2) above are any one or more of the following, that is to say,—

  1. (a) that the tenancy was entered into before, or pursuant to a contract made before, Part I of the Housing Act 1988 came into force;
  2. (b) that the rateable value (as defined for the purposes of that Act) of the premises which are the rented family residence, or of a property of which those premises form part. exceeded the relevant limit specified in paragraph 2 of Schedule I to that Act;
  3. (c) that the circumstances mentioned in paragraph 3 or paragraph 6 of that Schedule applied with respect to the tenancy qualifying for protection; and
  4. (d) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 12 of that Schedule."

. For the said section 16, as it applies to Scotland, there shall be substituted the following section—

"Protection of tenure of certain rented premises by extension of Housing (Scotland) Act 1988.

16.—(1) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man's period of residence protection—

  1. (a) a tenancy qualifying for protection ends without being continued or renewed by agreement (whether on the same or different terms and conditions), and
  2. (b) by reason only of such circumstances as are mentioned in subsection (4) below, on the ending of that tenancy no statutory tenancy of the rented family residence would arise, apart from the provisons of this section,

sections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and had not existed immediately before the ending of that tenancy and, accordingly, as if on the ending of that tenancy there arose a statutory assured tenancy during the remainder of that period.

(2) Subject to subsection (2) of section 14 of this Act and subsection (3) below, if at any time during a service man's period of residence protection—

  1. (a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section,
  2. (b) by reason only of such circumstances as are mentioned in subsection (4) below that tenancy is not an assured tenancy, and
  3. (c) if that tenancy had been an assured tenancy, it would not have come to an end at that time,
sections 12 to 31 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the rented family residence as if those circumstances did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.

(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises.

(4) The circumstances referred to in subsections (1) and (2) above are one or more of the following, that is to say—

  1. (a) that the circumstances mentioned in paragraph 2 of Schedule 4 to the Housing (Scotland) Act 1988 applied with respect to the tenancy qualifying for protection;
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  2. (b) that the circumstances mentioned in paragraph 5 of that Schedule applied with respect to the tenancy qualifying for protection; and
  3. (c) that the reversion immediately expectant on the tenancy qualifying for protection belongs to any of the bodies specified in paragraph 11 of that Schedule."

.—(1) Section 17 of that Act (provisions in case of rented premises which include accommodation shared otherwise than with landlord), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.

(2) In subsection (1)—

  1. (a) after the words "qualifying for protection" there shall he inserted "which is a fixed term tenancy";
  2. (b) in paragraph (b) for the words from "subsection (2)" to "1977" there shall be substituted "section 16(4) above, subsection (I) of section 3 of the Housing Act 1988";
  3. (c) for the words "said section 22" there shall be substituted "said section 3"; and
  4. (d) at the end there shall he added "and, accordingly, as if on the ending of the tenancy there arose a statutory periodic tenancy which is an assured tenancy during the remainder of that period".

(3) For subsection (2) there shall be substituted the following subsections— (2) Where, at any time during a service man's period of residence protection—

  1. (a) a tenancy qualifying for protection which is a periodic tenancy would come to an end, apart from the provisions of this section and section 16 above, and
  2. (b) paragraphs (a) and (b) of subsection (1) above apply,
section 3 of the Housing Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances referred to in subsection (1)(b) above did not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise have come to an end.

(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises."

.—(1) The said section 17, as it applies to Scotland, shall be amended in accordance with this paragraph.

(2) In subsection (1)—

  1. (a) in paragraph (b) for the words from "subsection (2)" to "1977" there shall be substituted the words "section 16(4) above, subsection (1) of section 14 of the Housing (Scotland) Act 1988";
  2. (b) for the words "said section 97" there shall be substituted the words "said section 14"; and
  3. (c) at the end there shall be added the words "and, accordingly, as if on the ending of the tenancy there arose a statutory assured tenancy during the remainder of that period".

(3) For subsection (2) there shall be substituted the following subsections— (2) Where, at any time during a service man's period of residence protection—

  1. (a) a tenancy qualifying for protection would come to an end, apart from the provisions of this section and section 16 above, and
  2. (b) paragraphs (a) and (b) of subsection (1) above apply,
section 14 of the Housing (Scotland) Act 1988 shall, during the remainder of the period of protection, apply in relation to the separate accommodation as if the circumstances in subsection (1)(b) above do not exist and, accordingly, as if the tenancy had become an assured tenancy immediately before it would otherwise come to an end.

(3) Neither subsection (1) nor subsection (2) above applies if, on the ending of the tenancy qualifying for protection, a statutory tenancy arises."

.—(1) In section 18 of that Act (protection of tenure, in connection with employment, under a licence or rent-free letting), in subsection (1), as it applies otherwise than to Scotland,—

  1. (a) for the words "Part VII of the Rent Act 1977" there shall be substituted "Chapter I of Part I of the Housing Act 1988"; and
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  2. (b) for the words "subject to a statutory tenancy within the meaning of the Rent Act 1977" there shall be substituted "let on a statutory periodic tenancy which is an assured tenancy".

(2) In that subsection, as it applies to Scotland,—

  1. (a) for the words "the Rent (Scotland) Act 1971" there shall be substituted the words "section 12 to 31 of the Housing (Scotland) Act 1988", and
  2. (b) for the words "subject to a statutory tenancy within the meaning of the Rent (Scotland) Act 1971" there shall be substituted the words "let on a statutory assured tenancy".

(3) Subsection (2) of that section shall be omitted.

(4) In subsection 2 of that section, as it applies otherwise than to Scotland, at the end of paragraph (c) there shall be added "or (d) is a dwelling-house which is let on or subject to an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 which is not an assured tenancy.

For section 19 of that Act (limitation on application of Rent Acts by virtue of sections 16 to 18), as it applies otherwise than to Scotland, there shall be substituted the following section—

"Limitation on application of Housing Act 1988, by virtue of section 16 to 18.

19. Where by virtue of sections 16 to 18 above, the operation of Chapter 1 in Part I of the Housing Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—

  1. (a) any tenancy of those premises other than the statutory periodic tenancy which is deemed to arise or, as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions: or
  2. (b) any rent payable in respect of a period beginning before the time when that statutory periodic tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or
  3. (c) anything done or omitted to be done before the time referred to in paragraph (b) above."

. For the said section 19, as it applies to Scotland, there shall be substituted the following section—

"Limitation on application of Housing (Scotland) Act 1988 by virtue of sections 16 to 18.

19. Where by virtue of sections 16 to 18 above, the operation of sections 12 to 31 of the Housing (Scotland) Act 1988 in relation to any premises is extended or modified, the extension or modification shall not affect—

  1. (a) any tenancy of those premises other than the statutory assured tenancy which is deemed to arise, or as the case may be, the tenancy which is for any period deemed to be an assured tenancy by virtue of any of those provisions: or
  2. (b) any rent payable in respect of a period beginning before the time when that statutory assured tenancy was deemed to arise or, as the case may be, before that tenancy became deemed to be an assured tenancy; or
  3. (c) anything done or omitted to be done before the time referred to in paragraph (b) above."

.—(1) Section 20 of that Act (modification of Rent Acts as respects occupation by employees), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.

(2) In subsection (1) after the words "Case 1 in Schedule 15 to the Rent Act 1977" there shall be inserted "or Ground 12 in Schedule 2 to the Housing Act 1988".

(3) In subsection (2) after the words "Case 8 in the said Schedule 15" there shall be inserted "or, as the case may be, Ground 16 in the said Schedule 2" and for paragraph (b) there shall be substituted in the following paragraph— (b) Chapter 1 of Part I of the Housing Act 1988 applies in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory periodic tenancy or assured tenancy referred to in section 19(a) of this Act".

(4) In subsection (3)—

  1. (a) after the words "the Cases in Part I of the said Schedule 15" there shall be inserted "or, as the case may be, Grounds 10 to 16 in Part II of the said Schedule 2"; and
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  2. (b) after the words "section 98(1) of the Rent Act 1977" there shall be inserted "or, as the case may be, section 7(4) of the Housing Act 1988".

.—(1) The said section 20, as it applies to Scotland, shall be amended in accordance with this paragraph.

(2) In subsection (1) after the words "Case 1 in Schedule 2 to the Rent (Scotland) Act 1984" there shall be inserted the words "or Ground 13 in Schedule 5 to the Housing (Scotland) Act 1988".

(3) In subsection (2) after the words "Case 7 in the said Schedule 2" there shall be inserted the words "or, as the case may be, Ground 17 in the said Schedule 5" and for paragraph (b) there shall be substituted the following paragraph — (b) Sections 12 to 31 of the Housing (Scotland) Act 1988 apply in relation to the premises as mentioned in section 18(1) of this Act and a dependant or dependants of the service man is or are living in the premises or in part thereof in right of the statutory assured tenancy or assured tenancy referred to in paragraph (a) of section 19 of this Act".

(4) In subsection (3)—

  1. (a) after the words "the Cases in Part I of the said Schedule 2" there shall be inserted the words "or, as the case may be, Grounds 10 to 17 in Part II of the said Schedule 5"; and
  2. (b) after the words "section 11 of the Rent (Scotland) Act 1984" there shall be inserted the words "or, as the case may be, section 18(4) of the Housing (Scotland) Act 1988".

In section 22 of that Act (facilities for action on behalf of men serving abroad in proceedings as to tenancies), as it applies otherwise than to Scotland, in subsection (1)—

  1. (a) after the words "Rent Act 1977" there shall be inserted "or under Part I of the Housing Act 1988";
  2. (b) for the words "Part V of that Act" there shall be substituted "Part V of the Rent Act 1977 or Part I of the Housing Act 1988"; and
  3. (c) in paragraph (a) after the word "tenancy" there shall be inserted "or licence".

In the said section 22, as it applies to Scotland, in subsection (1),—

  1. (a) for the words "Part III of the Rent Act 1965 or under the Rent (Scotland) Act 1971" there shall be substituted the words "the Rent (Scotland) Act 1984 or under Part 11 of the Housing (Scotland) Act 1988",
  2. (b) for the words "rent tribunal" there shall be substituted the words "rent assessment committee" and for the words "or tribunal" there shall be substituted the words "or committee";
  3. (c) for the words "Part VII of that Act" there shall be substituted the words "Part VII of the said Act of 1984 or under Part II of the Housing (Scotland) Act 1988"; and
  4. (d) in paragraph (a) after the word "tenancy" there shall be inserted the words "or licence".

.—(1) Section 23 of that Act (interpretation of Part II), as it applies otherwise than to Scotland, shall be amended in accordance with this paragraph.

(2) In subsection (1)— (a) after the definition of "agricultural land" there shall be inserted— "assured tenancy" has the same meaning as in Part I of the Housing Act 1988"; (b) after the definition of "dependant" there shall be inserted— "fixed term tenancy" means any tenancy other than a periodic tenancy"; (c) for the definition of "landlord" and "tenant" there shall be substituted— in relation to a statutory tenancy or to a provision of the Rent Act 1977 "landlord" and "tenant" have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part I of the Housing Act 1988; and (d) after the definition of "relevant police authority" there shall be inserted— "statutory periodic tenancy" has the same meaning as in Part I of the Housing Act 1988".

(3) At the end of subsection (1) there shall be inserted the following subsection— (1A) Any reference in this Part of this Act to Chapter 1 of Part I of the Housing Act 1988 includes a reference to the General Provisions of Chapter VI of that Part, so far as applicable to Chapter I.

(4) In subsection (3) after the words "Rent Act 1977" there shall be inserted "or Chapter I of Part I of the Housing Act 1988".

.—(1) The said section 23, as it applies to Scotland, shall he amended with this paragraph.

(2) In subsection (1)— (a) after the definition of "agricultural land" there shall be inserted— "assured tenancy" and "statutory assured tenancy" have the same meaning as in Part II of the Housing (Scotland) Act 1988"; (b) for the definition of "landlord" and "tenant" there shall be substituted— in relation to a statutory tenancy or to a provision of the Rent (Scotland) Act 1984 "landlord" and "tenant" have the same meaning as in that Act but, subject to that, those expressions have the same meaning as in Part II of the Housing (Scotland) Act 1988".

(3) At the end of subsection (1) there shall be inserted the following subsection— (1A) Any reference in this Part of this Act to sections 12 to 31 of the Housing (Scotland) Act 1988 includes a reference to sections 47 to 55 of that Act so far as applicable to those sections.

(4) In subsection (3) after the words "Rent (Scotland) Act 1984" there shall be inserted the words "or sections 12 to 31 of the Housing (Scotland) Act 1988".").

The Deputy Chairman of Committees (Lord Ampthill)

This amendment has already been spoken to by the noble Earl, Lord Caithness.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 158: Page 146, line 8, at end insert— ("—. In section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes) at the end of subsection (5) (bodies to whom that section applies) there shall be added "and (g) a housing action trust established under Part III of the Housing Act 1988.

— In section 29 of that Act (reservation of future right to develop) after subsection (6B) there shall be inserted the following subsection— (6C) Subsections (I) to (4) above shall have effect in relation to a housing action trust as if any reference in those subsections or in Part I of Schedule 4 to this Act to a local authority were a reference to the trust." ").

The noble Earl said: In moving Amendment No. 158 I shall also speak to Amendment No. 159.

While it is difficult to estimate the number of cases to which these provisions might be relevant in HAT areas, it is possible that cases could arise where a HAT could be prevented from proceeding quickly with its proposals for redevelopment in cases where the leases it had taken on from the local authority included long leases of homes. That is why this amendment extends the provisions of Section 58, which already exempts local authorities and new town development corporations, to HATs. HATs must be allowed to get on with the job in a way which benefits tenants and applicants alike. I beg to move.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 159: Page 146, line 9, leave out ("the Leasehold Reform Act 1967") and insert ("that Act").

The Deputy Chairman of Committees

This amendment has already been spoken to by the noble Earl.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 159A: Page 146, line 25, at end insert—

("The Rent (Agriculture) Act 1976

. In Section 28 of the Rent (Agriculture) Act 1976 (rehousing: duty of housing authority concerned), the following subsection shall be inserted after subsection (14) of that section— (14A) Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980, any information relating to an offence under this section may be tried if it is laid at any time within two years after the commission of the offence and within six months after the date on which evidence sufficient in the opinion of the housing authority concerned to justify the proceedings comes to its knowledge." ").

The noble Earl said: This is an amendment which I believe will be welcomed by all parties. Members of the committee will know that a procedure exists under the Rent (Agriculture) Act 1976 whereby a farmer who needs a property occupied by a former or retired worker in order to house an incoming worker may apply to the local authority to rehouse the occupant. The Agricultural Dwelling House Advisory Committee will normally advise in such cases whether there is a genuine agricultural need for the property.

However, it is the case that a farmer may falsify information to present a false case and then use the property not to house an incoming worker but perhaps to sell it. These offences usually come to light well after the worker has been rehoused, particularly because they tend to take place in more remote rural areas. At present under the Magistrates' Courts Act, information relating to such an offence must be laid within six months of the offence being committed. This amendment gives a prosecuting authority power to bring prosecutions up to two years after the offence has been committed, provided it brings the prosecution within six months of discovering the offence. We believe that this is a much more appropriate timescale and I am sure both sides of the Committee will welcome the amendment. I beg to move.

On Question, amendment agreed to.

The Earl of Caithness moved Amendments Nos. 159B to 159E: Page 146, line 27, after ("69") insert ("Part II of Schedule 11 and Schedule 12"). Page 146, line 28, leave out ("for applications for") and insert ("make provision about"). Page 146, line 35, after ("tenancies)") insert ("and Schedule 8 to that Act (phasing of rent increases: general provisions)"). Page 146, line 37, leave out from ("or') to ("falls") in line 38 and insert ("the said Schedule 8").

The noble Earl said: In moving these amendments, I speak also to Amendments Nos. 175B, 176, 176A to 176F inclusive, 177, 177A and I 77B.

These are minor technical amendments. I beg to move.

On Question, amendments agreed to.

The Earl of Caithness moved Amendment No. 159F: Page 147, line 16, leave out ("1(3)(a)") and insert ("1(3)(b)(i)").

The noble Earl said: This amendment is purely technical. I beg to move.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 159G: Page 147, line 19, at end insert—

("The New Towns Act 1981

. In section 22 of the New Towns Act 1981 (possession of houses) after the words "Rent Act 1977" there shall be inserted "or Part I of the Housing Act 1988".").

The noble Earl said: In moving this amendment, I speak also to Amendments Nos. 160A, 160B, 164A to 164D, 170, 170B, 170C, 173 and 173A. Although this looks a formidable group of amendments, I can reassure the Committee that they are all consequential amendments resulting from Part I of the Bill, or drafting amendments to the minor and consequential provisions that are already in Schedule 14. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 160:

Page 147, line 21, at end insert—

("13A.—(1) In Schedule 1 to that Act (transfer of certain tenancies on divorce, etc.), in paragraph 1—

  1. (a) at the end of paragraph (c) of sub-paragraph (1) there shall be inserted "or
  2. (d) an assured tenancy or assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988"; and
  3. (b) in sub-paragraph (2) after the words "secure tenancy" there shall be inserted "or an assured tenancy or assured agricultural occupancy".

(2) In paragraph 2 of that Schedule (orders transferring tenancies etc. from one spouse to another)—

  1. (a) in sub-paragraph (1) after the words "Housing Act 1985" there shall be inserted "or an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988"; and
  2. (b) at the end of sub-paragraph (3) there shall be inserted—
(4) Where the spouse so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section. (5) If the transfer under sub-paragraph (1) above is of an assured agricultural occupancy, then, for the purposes of Chapter III of Part I of the Housing Act 1988—
  1. (a) the agricultural worker condition shall be fulfilled with respect to the dwelling-house while the spouse to whom the assured agricultural occupancy is transferred continues to be the occupier under that occupancy; and
  2. (b) that condition shall be treated as so fulfilled by virtue of the same paragraph of Schedule 3 to the Housing Act 1988 as was applicable before the transfer."

The Matrimonial and Family Proceedings Act 1984

13B. In section 22 of the Matrimonial and Family Proceedings Act 1984 (powers of the court in relation to certain tenancies of dwelling-houses), in paragraph (a) after the word "tenancy" there shall be inserted "or assured agricultural occupancy".").

The noble Lord said: I am obliged to detain the Committee for a short time on this. It is an important amendment. It is concerned with the rights of non-tenant spouses on the breakdown of a relationship. Members of the Committee will recall that the Matrimonial Homes Act 1983 gives rights to non-tenant spouses at the time of a breakdown of a relationship. These include the right to remain in occupation of the property, the right to apply for an order declaring, enforcing, restricting or terminating rights of occupation, the right to pay rent, and the right to apply to a court for a transfer of the tenancy into his or her sole name. The problem, however, is that the 1983 Matrimonial Homes Act only covers Rent Act, Housing Act and Rent (Agriculture) Act tenancies. This Bill will make substantial changes in the status of a very large number of tenants.

It is very important that the provisions and the protection of the Matrimonial Homes Act—which achieved all-party support in Parliament—should be extended to assured tenants and to agricultural occupancies under the Housing Bill. It is important because tenancies are very often in the man's name and it is generally the woman who has the custody of the children in divorce proceedings. If there is no provision for the transfer of tenancies, many women and children will be made homeless at a time when they are under greatest stress.

It is also important because a non-tenant spouse who is not named in the tenancy will have a right of occupation under Section 1(6) of the Matrimonial Homes Act, as amended by the Housing Bill. It is important that that right be consolidated and that the liabilities and responsibilities that go with the tenancy, but not the mere right of occupation, should be transferred to the occupying spouse. I hope that this matter, which is far from being a party political issue, will have the support of noble Lords from all sides of the Committee.

The Earl of Caithness

I am grateful to the noble Lord for putting down and moving this amendment. I find his arguments thoroughly convincing and I am happy to accept the amendment.

On Question, amendment agreed to.

The Earl of Caithness moved Amendments Nos. 160A and 160B: Page 147, line 32, at end insert—

("The County Courts Act 1984

.—(1) In section 66 of the County Courts Act 1984 (trial by jury: exceptions), in subsection (1) at the end of paragraph (b)(iii) there shall be inserted "or (iv) under Part I of the Housing Act 1988".

(2) In section 77(6) of that Act (appeals: possession proceedings) after paragraph (e) there shall be inserted the following paragraph— (ee) section 7 of the Housing Act 1988, as it applies to the grounds in Part II of Schedule 2 to that Act; or".").

Page 147, line 42, at end insert— ("In section 171 F of that Act (subsequent dealings after disposal of dwelling-house to private sector landlord: possession on grounds of suitable alternative accommodation) after "Rent Act 1977" there shall be inserted "or on Ground 9 in Schedule 2 to the Housing Act 1988".").

On Question, amendments agreed to.

[Amendments Nos. 161 to 164 had been withdrawn from the Marshalled List.]

The Earl of Caithness moved Amendments Nos. 164A, 164B, 164C and 164D:

Page 148, line 8, leave out ("or licence").

Page 148, line 10, at end insert ("or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling").

Page 148, line 14, at end insert— ("20A. In Part IX of that Act (slum clearance) in the following provisions relating to the recovery of possession, namely, sections 264(5), 270(3), 276 and 286(3), after the words "Rent Acts" there shall be inserted "or Part I of the Housing Act 1988".").

Page 148, line 24, at end insert— (". In section 368 of that Act (means of escape from fire; power to secure that part of house not used for human habitation), in subsection (6) after the words "Rent Acts" there shall be inserted "or Part I of the Housing Act 1988". . In section 381 of that Act (general effect of control order), in subsection (3) after the words "Rent Acts" there shall be inserted "and Part I of the Housing Act 1988".").

On Question, amendments agreed to.

[Amendments Nos. 165 to 169 had been withdrawn from the Marshalled List.]

The Earl of Caithness moved Amendment No. 170: Page 148, line 35, at end insert ("and for the words "either of those Acts" there shall be substituted "any of those Acts" ").

On Question, amendment agreed to.

[Amendment No. 170A had been withdrawn from the Marshalled List.]

The Earl of Caithness moved Amendments Nos. 170B and 170C:

Page 148, line 39, at end insert—

("24A. In section 533 of that Act (assistance for owners of defective housing: exceptions to eligibility) after the words "Rent (Agriculture) Act 1976" there shall be inserted "or who occupies the dwelling under an assured agricultural occupancy which is not an assured tenancy".

24B.—(1) In section 553 of that Act (effect of repurchase of defective dwellings on certain existing tenancies) in subsection (2)—

  1. (a) in paragraph (a) after the words "protected tenancy" there shall be inserted "or an assured tenancy";
  2. (b) at the end of paragraph (b) there shall be added the words "or in accordance with any of Grounds 1, 3, 4 and 5 in Schedule 2 to the Housing Act 1988 (notice that possession might be recovered under that ground) or under section 20(1)(b) of that Act (notice served in respect of assured shorthold tenancies); and"; and
  3. (c) after paragraph (b) there shall be added —
(c) the tenancy is not an assured periodic tenancy which, by virtue of section 39(7) of the Housing Act 1988 (successors under the Rent Act 1977), is an assured shorthold tenancy".

24C.—(1) In section 554 of that Act (grant of tenancy of defective dwelling to former owner-occupier) at the end of subsection (2) there shall be inserted the following subsection— (2A) If the authority is a registered housing association, other than a housing co-operative, within the meaning of section 27B, their obligation is to grant a secure tenancy if the individual to whom a tenancy is to be granted—

  1. (a) is a person who, immediately before he acquired his interest in the dwelling-house, was a secure tenant of it, or
  2. (b) is the spouse or former spouse or widow or widower of a person falling within paragraph (a); or
  3. (c) is a member of the family, within the meaning of section 186, of a person falling within paragraph (a) who has died, and was residing with that person in the dwelling-house at the time of and for the period of twelve months before his death."

(2) In subsection (3) of that section, at the end of paragraph (h) there shall be inserted "or (c) an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession on any of Grounds Ito 5 in Schedule 2 to that Act.

24D. In section 577 of that Act (index of defined expressions for Part XVI) after the entry relating to "associated arrangement" there shall be inserted—

"assured agricultural occupancy .. .. section 622
assured tenancy .. .. section 622".

24E. In section 612 of that Act (exclusion of Rent Act protection) after the words "the Rent Acts" there shall be inserted "or Part I of the Housing Act 1988".").

Page 148, line 45, at end insert—

(". In Schedule 2 to that Act, in Part IV (grounds for possession: suitability of alternative accommodation), in paragraph 1, at the end of sub-paragraph (b) there shall be added "or (c) which are to be let as a separate dwelling under an assured tenancy which is neither an assured shorthold tenancy, within the meaning of Part I of the Housing Act 1988, nor a tenancy under which the landlord might recover possession under any of Grounds I to 5 in Schedule 2 to that Act".").

On Question, amendments agreed to.

The Earl of Caithness moved Amendment No. 171: Page 148, line 47, leave out ("that Act") and insert ("the Housing Associations Act 1985").

The noble Earl said: I spoke to this amendment with Amendment No. 100.

On Question, amendment agreed to.

[Amendments Nos. 172 and 172A not moved.]

The Earl of Caithness moved Amendment No. 173: Page 149, line 12, at end insert—

("The Agricultural Holdings Act 1986

(1) In Schedule 3 to the Agricultural Holdings Act 1986 (cases where consent of Tribunal to operation of notice to quit is not required), in Part 11 (Provisions applicable to Case A: suitable alternative accommodation), in paragraph 3 after paragraph (b) there shall be inserted "or

  1. (c) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy which is not an assured shorthold tenancy (construing those terms in accordance with Part I of the Housing Act 1988), or
  2. (d) premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of that Act in the case of an assured tenancy which is not an assured shorthold tenancy.

(2) At the end of the said paragraph 3 there shall be added the following sub-paragraph— (2) Any reference in sub-paragraph (I) above to an assured tenancy does not include a reference to a tenancy in respect of which possession might be recovered on any of Grounds I to 5 in Schedule 2 to the Housing Act 1988." ").

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 173A: Page 149, line 12, at end insert—

("The Agricultural Holdings Act 1986

In Schedule 5 to that Act (notice to quit where tenant is a service man), in paragraph 2(2)(a) after the words "Rent Act 1977" there shall be inserted "or paragraph 7 of Schedule I to the Housing Act 1988".").

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 173B: Page 149, line 12, at end insert—

("The Social Security Act 1986

. In section 31 of the Social Security Act 1986 (information relating to housing benefit), insubsection (5) (information as to registered rents), after the words "housing benefit scheme" there shall be inserted "(a)", and at the end there shall be added "and (b) where a rent is determined under section 14 or section 22 of the Housing Act 1988 or section 25 or section 34 of the Housing (Scotland) Act 1988 (determination of rents by rent assessment committee), the committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 42 of the Housing Act 1988 or, as the case may be, section 49 of the Housing (Scotland) Act 1988 (information to be publicly available)".").

The noble Earl said: By virtue of Section 31 of the Social Security Act 1986, rent officers and rent assessment committees are empowered, in registering fair rents under the Rent Act, to note any element in the rent that relates to service charges. This is for the purpose of ensuring that, in a case where a tenant claims housing benefit, account can be taken of any service charge elements which are not eligible for benefit. The purpose of the amendment is to apply a similar requirement for exactly the same purpose to determinations of market rent which rent assessment committees make under Part I of the Bill or under the equivalent Scottish legislation. I beg to move.

On Question, amendment agreed to.

[Amendment No. 174 had been withdrawn from the Marshalled List.]

Lord McIntosh of Haringey moved Amendment No. 174ZA: Page 149, line 12, at end insert—

("The Drug Trafficking Offences. Act 1986

. In section 15 of the Drug Trafficking Offences Act 1986 (bankruptcy of defendant etc.), in subsection (2)(b) for the words "or 308" there shall be substituted "308 or 308A" and after the word "replacement" there shall be inserted "and certain tenancies".

The Insolvency Act 1986

. In section 308 of the Insolvency Act 1986 (vesting in trustee of certain items of excess value), in subsection (1), for the words "the next section" there shall be substituted "section 309".

. In section 335 of that Act (adjustment between earlier and later bankruptcy estates), in subsection (4) after the words "replacement value") there shall be inserted the words "or section 308A (vesting in trustee of certain tenancies)".

. In section 351 of that Act (definitions), in paragraph (a), for the words "or 308" there shall be substituted", section 308" and after the words "replacement value)" there shall be inserted "or section 308A (vesting in trustee of certain tenancies)".").

The noble Lord said: I spoke to this with amendment No. 142. I beg to move.

On Question, amendment agreed to.

Lord Sanderson of Bowden moved Amendment No. 147A:

Page 149, line 13, at end insert— (" In section 12 of the Housing (Scotland) Act 1987 (which relates, amongst other things, to the disposal by local authorities of land acquired or appropriated for housing purposes and of houses)—

  1. (a) in subsection (1)(c) for the words "subsection (5)" there shall be substituted the words "subsections (5) and (7)";
  2. (b) in subsection (7)—
    1. (i) for "(1)(d)" there shall be substituted "(1)(c) or (d)";
    2. (ii) for the words "house or any part thereof- there shall be substituted the words "land, house or part share thereof";
    3. (iii) for the words "it is a house" there shall be substituted the words", in the case of a house, it is one";
  3. (c) in subsection (8) after the word "apply" there shall be inserted the words", in the case of a house,".

. In section 13 of that Act (power of Secretary of State in certain cases to impose conditions on sale of local authority's houses etc.) for the words "land or dwelling" there shall be substituted the words "or land".").

The noble Lord said: This amendment is basically technical in nature. The current provisions in sections 12 and 13 of the Housing (Scotland) Act 1987 relating to voluntary disposals by local authorities of their stock require the Secretary of State's consent to such disposals. They do not, however, make specific reference to the disposal of land held for housing purposes, but which is not built upon. The amendment seeks to extend the current provisions to include housing land. I beg to move.

On Question, amendment agreed to.

[Amendment No. 174B not moved.]

11.15 p.m.

The Earl of Caithness moved Amendment No. 175:

Page 149, line 25, at end insert—

(". In section 58 of that Act (exempt landlords), in subsection (1) after paragraph (c) there shall be inserted the following paragraph— (ca) a housing action trust established under Part III of the Housing Act 1988." ").

The noble Earl said: I beg to move Amendment No. 175. This does not affect any vital safeguards. HAT tenants will retain the right to buy their homes, will be able to exercise the new tenants' choice and will also be encouraged to take over responsibility for their own homes collectively if they wish to do so. HATs will be statutorily required to consult their tenants about the way their homes are managed. There will be tenants' representation on the HAT Board and HATs will be asked to set up tenants' advisory groups as a forum for tenants' views. HATS will he answerable to the Secretary of State for all aspects of their performance. Tenants who are not satisfied with the HAT's management will also be able to complain to the local government ombudsman.

On Question, amendment agreed to.

Lord Tordoff moved Amendment No. 175A: Page 149, line 25, at end insert—

("The Access to Personal Files Act 1987 30A. In Schedule I of the Access to Personal Files Act 1987 (accessible personal information: England and Wales), in paragraph 2 at the end of sub-paragraph (2) here shall be added "and in Housing Action Trusts established under Part Ill of the Housing Act 1988." ").

The noble Lord said: I beg to move Amendment No. 175A and speak to Amendments Nos. 175AB and 175AC. Although they are not grouped together in the list I believe that they hang together nicely.

Members of the Committee may remember that in May 1987 I had the privilege of taking through this House a Bill which originated in another place in the name of my honourable friend Archy Kirkwood. It reached the statute book as the Access to Personal Files Act 1987. It empowers Ministers to make regulations giving people the right of access to housing and social work records held on them by local authorities. The Government have said that they hope to make the necessary regulations by 1st January next year.

The Bill now before us is intended to change the status of many local authority tenants. Some will become tenants of the new housing action trusts. It is envisaged that in other cases the tenancies will shift from local authorities to housing associations or other bodies approved under Part.IV of the Bill. At this time of night it is not my intention to comment on the merits of such changes, but I believe that it is important that those tenants should not be deprived of the rights of access to their housing records which they enjoyed under the 1987 Act. Such access is important for all kinds of practical reasons. I do not intend to go into them tonight; we discussed them at the time.

It is important that tenants are able to check the records because this may well be a way of dispelling unjustified suspicion and demonstrating to tenants or applicants that they are being fairly treated. One believes that in these matters openness is an important sign of good faith.

Each of the three amendments deals with a separate class of landlord within the scope of the access provided for in the Access to Personal Files Act. The first amendment covers housing action trusts, which the Secretary of State will be able to establish under Part III of the Bill. The second amendment applies to those landlords who acquire local authority properties under Part IV of the Bill. Those bodies will not be expected to behave like ordinary private landlords but will be required to provide low-cost housing and to take account of the special problems of the disabled, the disadvantaged and the homeless. Given their explicit role in responding to social needs, it is right that the individual tenants who may have such needs should be able to check whether their records and circumstances have been properly recorded.

The third amendment covers housing associations and housing trusts. It may involve some overlap with the previous category as the approved landlord may be a housing association. However, the amendment would ensure that all housing associations and trusts allow access to buying tenants. In this respect, it is right that housing associations should be put on the same footing as local authorities. As regards access, I stress that the present legislation makes no distinction. Section 106(5) of the Housing Act 1985 contains a limited right of access which applies equally to local authorities and to housing associations. The Act requires landlord authorities to allow applicants to see the information which they provided to the authority to ensure that it was accurately recorded.

The important matter is that the term "landlord authority" as defined includes not just local authorities but also housing associations and housing trusts. The legislation recognises no difference between them for this purpose. I hope when the Minister responds he will acknowledge that this amendment merely follows the logic of the 1985 Act.

Finally, I should like to take the opportunity to raise an important point about the implementation of the Access to Personal Files Act. When the Bill went through the House, the then Minister the noble Lord, Lord Beaverbrook, repeated undertakings which had previously been given to the effect that the Government would: use our best endeavours to make these regulations by the end of next year—[Official Report; 8/5/87; col. 407]

that is, by the end of this year. The undertaking applied to regulations on housing, social work and education records. Shortly afterwards the Department of Education and Science issued a consultation document on its proposals for regulations on access to school records. The DHSS has published its proposals for regulations on access to social work records. Both made it clear that they intended to have the regulations in force by 1st January next year. So far, we have seen very little sign of activity from the Department of the Environment on housing records.

At the time the DoE gave an indication which I remember made me worry that its commitment might not be as firm as other departments. However, on 21st April of last year the then Minister of Housing, Mr. Patten, wrote to my honourable friend Mr. Kirkwood undertaking to begin consultations at: the earliest practicable opportunity",

and promised that there would be no backsliding on their part. I want to know what has happened to those consultations. One was worried about the DoE's intentions at the time and one is no less worried now.

The consultation paper of the DES on regulations was issued exactly a year ago in October 1987. The DHSS put out its proposals in March of this year, and so far we have heard nothing from the Department of the Environment. I should like to move these amendments which are relevant to that Act and the implementation of it. I ask what is going to be done because the promised implementation date is only 10 weeks away. I hope the Minister can now pick up that point or write to me to say what the Government intend to do.

Lord McIntosh of Haringey

Perhaps if I say a few words that may give the Minister an opportunity to respond now rather than writing to the noble Lord, Lord Tordoff. I hope that the Government will take seriously the amendments which have been moved. Less responsible spokesmen of the Government have said that fear and despondency is being stirred up among tenants in housing action trust areas and in areas where there are likely to be proposals for the transfer of estates from the local authority to other landlords. One way—although by no means sufficient—for the Government to answer those misrepresentations which it is claimed are being made to tenants is to agree to those amendments which not only reflect government policy when the Access to Personal Files Act was agreed without dissent last year but also the spirit of what the Minister has said on behalf of the Government as we have considered this Bill.

The Earl of Caithness

I am grateful for the way in which the noble Lord, Lord Tordoff, introduced his amendments and I welcome him to participation in the Committee, albeit at a late stage.

I first deal with Amendment No. 175A. Of course one must acknowledge and recognise the noble Lord's interest in this area. We believe that these are valuable provisions which apply to local housing authorities and I am convinced that it is only right to extend them to housing action trusts as public authorities. I therefore welcome Amendment No. 175A and recommend that the Committee accept it.

While the Government are prepared, as I have said, to accept the noble Lord's amendment on tenants' records, extending the provisions of the Access to Personal Files Act 1987 to HATs, we do not feel we can accept a further extention to the categories of private landlord as he proposes. HAT are public authorities which will be taking on a range of local authority functions but the types of bodies described in these two amendments (Nos. 175AB and 175AC) are not public authorities: they are private bodies, constituted in the case of housing associations on a voluntary basis. Many associations are also very small-scale in character and their operations do not in the least resemble those of a public housing authority.

However, while I consider that it would not be appropriate to pursue these two amendments to statute, I think it would be helpful to point out to the noble Lord that there may be a more suitable mechanism available for the purposes I believe he has in mind. Under Clause 49 of the Bill, the Housing Corporation will be empowered to issue guidance to registered housing associations on matters of housing management practice and will be able to enforce compliance with that guidance. The principles of the guidance—which we have referred to as the tenant's guarantee—will also be applied to any other social landlords who happen not to be housing associations who wish to take on the ownership and management of local authority housing.

I think it would be appropriate for the Housing Corporation to consider whether the guarantee should contain some general guidance for housing associations on giving tenants reasonable access to personal information held about them. My department has therefore already alerted the corporation to the issues which are raised by the noble Lord's amendments. The Secretary of State will then be able to consider the outcome of the Housing Corporation's deliberations when in due course he is asked to approve a final draft of the tenant's guarantee. I shall be happy to keep the noble Lord informed of developments.

On the other point raised by the noble Lord about producing regulations giving local authority housing tenants access to their records, Schedule 1 of the Access to Personal Files Act 1987 covers both housing authorities and social services authorities. As the noble Lord reminded the Committee, the Department of Health has consulted widely on the content of regulations, making arrangements for people to have access to their social service records. I understand it is aiming to lay draft regulations before Parliament by the end of this year. We appear to be on time for that.

On access to housing tenants' records, we propose to take advantage of the Department of Health's experience and expect to be opening consultations shortly.

Lord Carmichael of Kelvingrove

Before the Minister sits down, may I ask whether he will make allowances for the suggestion on the voluntary transfer of local authority housing to private bodies contained in the SDD statement? Paragraph 17 suggests that where there is total disposal of an authority's stock, there will be no need for a local authority to maintain a waiting list. The statement goes on to say that the new landlord could do so, and if there are several purchasers it could be advantageous for them to operate a joint waiting list or a referral service.

Surely that is a point where the amendment moved by the noble Lord, Lord Tordoff, is relevant. People would then know not only who was on the waiting list, but perhaps why they have been blackballed and whether there is an honest waiting list. The local authority could at least have a councillor check to see whether someone is being deprived of the correct position on the waiting list. Under the present position, there is no way that I can see where that can be done, unless the noble Lord, Lord Sanderson, is able to assist us on that point. The Minister should think of extending the provisions as proposed by the noble Lord, Lord Tordoff.

The Earl of Caithness

I believe that I covered some of what the noble Lord said under the tenant's guarantee which the Housing Corporation is looking at for England. I am sure that a similar procedure will happen in Scotland although I cannot speak for my noble friend Lord Sanderson. I believe that it would be wrong for me to comment further on the Scottish aspect. I know that the noble Lord has raised a point that my noble friend Lord Sanderson has heard and I am sure that he will take it up with the noble Lord in due course.

Lord Tordoff

I am grateful to everybody who has taken part in this short debate. I am grateful to the Minister for his indication that the Government will accept the first of these amendments. I hoped that he would go further than that and accept all three in his normal generosity of spirit, particularly as it is my birthday.

Noble Lords

Hear! hear!

Lord Tordoff

Obviously, we need to look at what the noble Earl has said because it is clearly not as straightforward as I thought.

To return to the matter of the ministry starting consultations on the Bill that went through a year last May, I hope that "soon" means something like "next week" or "not more than 10 days' hence". It has taken a long time and obviously other departments have managed to move rather quicker than housing on these matters. I believe that there is little point in passing permissive legislation through this Committee if the Government will not eventually put forward regulations. It is disappointing that it has not happened so far. One had hoped that 1st January would be the day of freedom for people on all these matters. I hope that the delay will not be much beyond that date.

The Earl of Caithness

I rise to wish the noble Lord a happy birthday. I was happy to give him one birthday present, but three is a little much for a Scotsman to give.

Lord Tordoff

I am grateful for those remarks. We must go away and look at what the Minister has said about the other two amendments. It seems that since there is a shift of tenancy from one landlord to another, it would be wrong if people were to have a diminished right of access to information because of the Government's actions in moving the tenancy from one landlord to another. In principle I hope that the Government can find some way of dealing with this matter. I must read what the noble Earl has said.

On Question, amendment agreed to.

[Amendments Nos. 175AB and 175 AC not moved.]

Lord McIntosh of Haringey moved Amendment No. 175AD: Page 149, line 25, at end insert—

("The Criminal Justice (Scotland) Act 1987.

.In section 34 of the Criminal Justice (Scotland) Act 1987 (bankruptcy in England and Wales of person holding realisable property). in subsection (2)(b) for the words "or 308" there shall be substituted "308 or 308A" and after the word "replacement" there shall he inserted "and certain tenancies".

The Criminal Justice Act 1988.

. In section 84 of the Criminal Justice Act 1988 (bankruptcy of defendant etc.), in subsection (2)(b) for the words "or 308" there shall be substituted "308 or 308A" and after the word "replacement" there shall be inserted "and certain tenancies".").

The noble Lord said: I spoke to this amendment with Amendment No. 142. I beg to move.

On Question, amendment agreed to.

Schedule 14, as amended, agreed to.

Schedule 15 [Enactments repealed]:

The Earl of Caithness moved Amendments Nos. 175B to 177B:

Page 153, line 6, column 3, at end insert—

("In section 13(3) the words "68, 69" and "or Part II of Schedule 11 or Schedule 12 to that Act".").

Page 153, line 30, column 3, leave out ("67(5) the words "68 and" ") and insert ("67, in subsection (5), the words "and sections 68 and 69 of this Act" and in subsection (7), the words "Subject to section 69(4) of this Act." ").

Page 153, line 32, column 3, at end insert—

("In section 74, in subsection (2), in paragraph (a) "69", in paragraph (b) the words "or II" and paragraph (c),").

Page 153, line 34, column 3, at end insert—

("In section 80(1) the words "or the local authority".").

Page 153, line 35, column 3, at end insert—

("In section 87, in subsection (2), in paragraph (a) "69" and in paragraph (c) the words "and 12".").

Page 153, line 39, column 3, at end insert—

("In section 103(1) the words "or the local authority".").

Page 153, line 47, column 3, at end insert—

("In Schedule 2 paragraph 6(3) In Schedule 11, Part II.")

Page 153, line 51, column 3, at end insert—

("In Schedule 20, paragraph 2(2).In Schedule 24, paragraph 8(3).").

Page 154, line 2, column 3, at end insert—

("In Schedule 9, paragraph 2.").

Page 154, line 2, column 3, at end insert—

("In Schedule10, paragraph 2,").

Page 154, line 6, at end insert—

("1985 c. 51. The Local Government Act 1985. In Schedule 13 paragraph 21, the words from "and section 19(5)(aa)" onwards.").

On Question, amendments agreed to.

[Amendment No. 178 not moved.]

[Amendment No. 179 had been withdrawn from the Marshalled List.]

The Earl of Caithness moved Amendment No. 179A: Page 154, line 11, column 3, at end insert ("Sections 199 to 201").

On Question, amendment agreed to.

[Amendment No. 180 not moved.]

The Earl of Caithness moved Amendment No. 180A: Page 155, line 7, column 3, leave out ("paragraph 10") and insert (paragraphs 1(3) and 10").

On Question, amendment agreed to.

Lord Sanderson of Bowden moved Amendment No. 180B:

Page 155, line 39, column 3, leave out ("paragraph (5)(b)") and insert— ("paragraphs (6)(b) and (7). In Schedule 10, the entry relating to the Housing Associations Act 1 985.").

The noble Lord said: I beg to move this amendment. It makes a number of very minor and purely technical changes consequential upon amendments made to the Housing (Scotland) Bill.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 181:

Page 155, line 40, at end insert— ("1. The repeal of sections 19 to 21 of the Rent Act 1977 does not apply with respect to any tenancy or contract entered into before the commencement of this Act nor to any other tenancy or contract which, having regard to section 36 of this Act, can be a restricted contract. 2. The repeal of section 52 of the Housing Act 1980 (protected shorthold tenancies) does not apply with respect to any tenancy entered into before the commencement of this Act nor to any other tenancy which, having regard to section 34 of this Act, can be a protected shorthold tenancy. 3. The repeal of sections 56 to 58 of the Housing Act 1980 does not have effect in relation to any tenancy to which, by virtue of section 37(2) of this Act, section 1(3) of this Act does not apply. 4. The repeals in section 80 of the Housing Act 1985 have effect in relation to any tenancy or licence entered into on or after the commencement of this Act, other than one falling within any of paragraphs (a) to (e) of subsection (3) of section 35 of this Act.").

On Question, amendment agreed to.

Schedule 15, as amended, agreed to.

Clause 127 [Short title, commencement and extent]:

The Earl of Caithness moved Amendment No. 182:

Page 89, line 27, after ("118") insert ("Right to buy: tenant's sanction for landlord's delays").

On Question, amendment agreed to.

Lord Sanderson of Bowden moved Amendment No. 182A:

Page 89, line 27, after ("118") insert ("(Preservation of right to buy on disposal to private sector landlord: Scotland)").

The noble Lord said: I should like to speak at the same time to Amendments Nos. 182B, 183A and 183B. This group of amendments concerns commencement of the provisions of the Bill as they relate to Scotland. They provide that the provisions preserving the right to buy and requiring tenants to be consulted where local authorities propose to dispose of housing stock to the private sector shall be brought into effect by commencement order—that is, on such days as the Secretary of State for Scotland may appoint by order made by statutory instrument. The amendments are therefore largely technical in nature and I commend them to the Committee.

On Question, amendment agreed to.

Lord Sanderson of Bowden moved Amendment No. 182B: Page 89, line 27, after ("122") insert ("(Consultation before disposal‥ Scotland)").

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 183: Page 89, line 31, after ("118") insert ("Right to buy: tenant's sanction for landlord's delays").

On Question, amendment agreed to.

Lord Sanderson of Bowden moved Amendments Nos. 183A and 183B: Page 89, line 31, after ("118") insert ("(Preservation of right to buy on disposal to private sector landlord: Scotland)"). Page 89, line 31, after ("122") insert ("(Consultation before disposal: Scotland)").

On Question, amendments agreed to.

The Earl of Caithness moved Amendment No. 184: Page 89, line 31, leave out ("and 126") and insert ("123 and 124 onwards").

The noble Earl said: I should like to speak also to Amendment No. 185A. These amendments are minor ones which tidy up references to the commencement and scope of the Bill. I beg to move.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 185A: Page 89, line 38, leave out ("sections 114 to 117 above") and insert ("this Part, except sections (Preservation of right to buy on disposal to private sector landlord: Scotland), 123, (Consultation before disposal: Scotland) and (Codes of practice in field of rented housing) onwards").

On Question, amendment agreed to.

Clause 127, as amended, agreed to.

In the Title:

The Earl of Caithness moved Amendment No. 186: Line 12, leave out first ("and").

The noble Earl said: I should like to speak at the same time to Amendment No. 188. These are technical amendments. Perhaps I may take this opportunity to thank all noble Lords who have taken part in the Committee stage. It has been extremely helpful to the Government. We have some further work to do on Report but I hope that I have met some of the many concerns raised in the Committee. I beg to move.

Lord McIntosh of Haringey

Perhaps I may reciprocate the thanks of the noble Earl. This has been a long and tough Committee stage. The Report stage will not be very much easier but we have been grateful for the courtesy and consideration of the Government at all times, even when they have not recognised the full strength—indeed the overwhelming strength—of our arguments.

Lord Tordoff

In the absence of my noble friend Lord Ross of Newport, perhaps I may respond from these Benches. As the noble Earl said, I am late in the day in joining in, but I am sure that my noble friend would wish to be associated with the remarks made by the noble Lord, Lord McIntosh. It has been a toughly argued but good natured debate. Although we have often won the argument and lost the vote, nevertheless I should like to thank the noble Earl for his kindness and courtesy in handling the Bill.

On Question, amendment agreed to.

The Earl of Caithness moved Amendment No. 188: Line 13, after ("subsidy") insert ("the right to buy, repair notices and certain disposals of land and the application of capital money arising thereon; to make provision consequential upon the Housing (Scotland) Act 1988").

On Question, amendment agreed to.

House resumed. Bill reported with amendments.

House adjourned at nineteen minutes before midnight.