HL Deb 16 November 2004 vol 666 cc1388-9

140 Clause 145, page 100, line 8, after "for" insert "requiring"

The Commons disagree with the Lords in their amendment but propose the following amendments in lieu—

140A Page 100, line 8, leave out paragraph (d) and insert— (d) for requiring home condition reports made by members of the scheme to be entered on the register mentioned in section (Register of home condition reports).

140B Page 100, line 10, at end insert— ( ) Subsection (5)(d) only applies where provision for a register of home condition reports is made under section (Register of home condition reports).

140C Page 100, line 16, insert the following new Clause—

"Register of home condition reports

(1) Where the provision mentioned in section 145(3) is made in relation to an approved certification scheme, regulations under section 144 may make provision for and in connection with a register of the home condition reports made by members of the scheme.

(2) The regulations may provide for the register to be kept—

  1. (a) by (or on behalf of) the Secretary of State; or
  2. (b) by such other person as the regulations may specify.

(3) The regulations may require a person wishing to enter a home condition report onto the register to pay such fee as may be prescribed.

(4) No person may disclose—

  1. (a) the register or any document (or part of a document) contained in it; or
  2. (b) any information contained in, or derived from, the register,
except in accordance with any provision of the regulations which authorises or requires such a disclosure to be made.

(5) The provision which may be made under subsection (1) includes (without prejudice to the generality of that subsection) provision as to circumstances in which or purposes for which a person or a person of a prescribed description—

  1. (a) may (on payment of such fee, if any, as may be prescribed)—
    1. (i) inspect the register or any document (or part of a document) contained in it;
    2. (ii) take or be given copies of the register or any document (or part of a document) contained in it; or
    3. (iii) be given information contained in, or derived from, the register; or
  2. (b) may disclose anything obtained by virtue of provision made under paragraph (a).

(6) The purposes which may be so prescribed may be public purposes or purposes of private undertakings or other persons.

(7) A person who contravenes subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) Nothing in this section limits the power to make regulations under section 144."

140D Page 103, line 10, at end insert "; or (c) the development of a register for the purposes of any provision made or expected to be made in regulations under section 144 by virtue of section (Register of home condition reports).

Lord Rooker to move, That the House do not insist on its Amendment No. 140, to which the Commons have disagreed, do agree with the Commons in their Amendments Nos. 140A to 140D in lieu thereof; and do propose Amendment No. 140E as an amendment to Commons Amendment No. 140C:

140E* Line 33, leave out "(3)" and insert "(4)"

The noble Lord said: My Lords, I have spoken broadly to these amendments with Amendment No. 128. I beg to move.

Moved, That the House do not insist on its Amendment No. 140, to which the Commons have disagreed, do agree with the Commons in their Amendments Nos. 140A to 140D in lieu thereof; and do propose Amendment No. 140E as an amendment to Commons Amendment No. 140C.—(Lord Rooker.)

On Question, Motion agreed to.