HL Deb 18 June 1996 vol 573 cc201-3

(".—(1) Chapter IV of Part I of the 1993 Act, except section 75(1), (estate management schemes in connection with enfranchisement by virtue of that Act) shall also have effect subject to the modifications mentioned in subsections (2) to (4) below.

(2) In section 69(1) (definition of estate management schemes), for paragraphs (a) and (b) there shall be substituted—

  1. "(a) acquiring the landlord's interest in their house and premises ("the house") under Part I of the Leasehold Reform Act 1967 by virtue of the provisions of section IAA of that Act (as inserted by paragraph I of Schedule 8 to the Housing Act 1996), or
  2. (b) acquiring the landlord's interest in any premises ("the premises") in accordance with Chapter I of this Part of this Act by virtue of the amendments of that Chapter made by paragraph 3 of Schedule 8 to the Housing Act 1996,".

(3) In section 70 (time limit for applications for approval), for "two years beginning with the date of the coming into force of this section" there shall be substituted "two years beginning with the coming into force of section (Estate management schemes in connection with enfranchisement by virtue of section 98) of the Housing Act 1996".

(4) In section 74 (effect of application for approval on claim to acquire freehold), in subsection (1)—

  1. (a) in paragraph (b), in sub-paragraph (i), the words from "being" to the end shall be omitted, and
  2. (b) after that paragraph there shall be inserted "and
  3. (c) in the case of an application for the approval of a scheme as an estate management scheme, the scheme would extend to the house or premises if acquired in pursuance of the notice."

(5) Section 94(6) to (8) of the 1993 Act (estate management schemes relating to Crown land) shall also have effect with the substitution for any reference to a provision of Chapter IV of Part I of that Act of a reference to that provision as it has effect by virtue of subsection (1) above.

(6) In section 33 of the National Heritage Act 1983 (general functions of the Historic Buildings and Monuments Commission for England), after subsection (2B) there shall be inserted— (2C) In subsection (2B), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section (Estate management schemes in connection with enfranchisement by virtue of section 98)(1) of the Housing Act 1996.

(7) In section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (general duty as respects conservation area in exercise of planning functions), at the end there shall be inserted— (3) In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section (Estate management schemes in connection with enfranchisement by virtue of section 98)(1) of the Housing Act 1996.

(8) In this section, "the 1993 Act" means the Leasehold Reform. Housing and Urban Development Act 1993.").

The noble Lord said: Previously when Parliament has given lessees the right to enfranchise, Parliament has also made provision for the former landlord to be able to apply to have some continuing degree of control over property in the area. Landlords, or a group representing tenants, may apply for approval of an estate management scheme. A leasehold valuation tribunal may approve a scheme if the tribunal is satisfied that a scheme is necessary to maintain adequate standards of appearance and amenity or to regulate development. Landlords had two years from the commencement of the legislation to apply for such schemes. So the opportunity to apply under the 1993 Act expired on 31st October last year.

Clause 98 enfranchises a new class of leaseholders. The new clause (Amendment No. 225B) provides a further two-year opportunity for any landlord to apply for an estate management scheme on the basis that the property will become enfranchisable after this legislation. The same procedures and criteria will apply to the approval of schemes as in the 1993 legislation. Landlords will be able to mount a case for a scheme only on the basis of property which becomes enfranchisable as a result of the current legislation, although if a new scheme is granted it can apply to all property within its area. I beg to move.

On Question, amendment agreed to.

[Amendment No. 255C had been withdrawn from the Marshalled List.]

Lord Dubs moved Amendment No. 255CA: After Clause 105, insert the following new clause—