§ Duty to forward requests under paragraph 8 or 9 of Part 1
§ 1 (1) This paragraph applies to—
- (a) a request by the occupier for the owner to approve a person for the purposes of paragraph 8(1) of Part 1 (see paragraph 8(1A)), or
- (b) a request by the occupier for the owner to approve a person for the purposes of paragraph 9(1) of Part 1 (see paragraph 8(1A) as applied by paragraph 9(2)).
§ (2) If a person ("the recipient") receives such a request and he—
- (a) though not the owner, has an estate or interest in the protected site, and
- (b) believes that another person is the owner (and that the other person has not received such a request),
§ (3) In paragraph 8(1C) of Part 1 of this Schedule (as it applies to any request within sub-paragraph (1) above) any reference to the owner receiving such a request includes a reference to his receiving it in accordance with sub-paragraph (2) above.
§ Action for breach of duty under paragraph 1
§ 2 (1) A claim that a person has broken the duty under paragraph 1(2) above may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty.
§ (2) The right conferred by sub-paragraph (1) is in addition to any right to bring proceedings, in respect of a breach of any implied term having effect by virtue of paragraph 8 or 9 of Part 1 of this Schedule, against a person bound by that term.""
§ Page 141, line 44, leave out "subsection (3) or (4)" and insert "subsections (3)(a), (4) and (4A)"
§ Page 141, line 46, leave out "8 or (as the case may be) paragraph 9" and insert "8(1) or (as the case may be) 9(1) of that Part"
§ On Question, amendments agreed to.
§ Clause 184, as amended, agreed to.
§ Clauses 185 and 186 agreed to.
§ 3 p.m.
§ Lord Bassam of Brighton moved Amendment No. 222A:
§ After Clause 186, insert the following new clause—