Amendments proposed to the Commonhold and Leasehold Reform Bill [Lords] - continued House of Commons

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Regulatory body for managers of property

   

Mr William Cash
Mr John Taylor
Dr Julian Lewis
Mr Bill Wiggin
Andrew Selous

NC16

To move the following Clause:—

    '(1)   After such consultation as he considers appropriate, the Secretary of State may by regulations provide for the establishment of a professional regulatory body for managers of property under this Part.

    (2)   The rules of the professional regulatory body shall be approved by him.

    (3)   The rules referred to in subsection (2) shall include provision for—

      (a) a scheme of membership,

      (b) standards for accreditation of members,

      (c) fees to be charged to members in order to fund the operations of the body,

      (d) procedures for complaints and disciplinary measures, and

      (e) procedures for extending eligibility for membership to other managers of property.

    (4)   A statutory instrument containing regulations under subsection (1) shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament'.


Insurance otherwise than with nominated insurer

   

Ms Sally Keeble
Mr David Crausby
Dr Brian Iddon

NC17

To move the following Clause:—

          '(1)   This section applies where a long lease of a house requires the tenant to insure the house with an insurer nominated by the landlord ("a nominated insurer").

          (2)   The tenant is not required to effect the insurance with a nominated insurer if—

          (a) the house is insured under a policy of insurance issued by an authorised insurer,

          (b) the policy covers the interests of both the landlord and the tenant,

          (c) the policy covers all the risks which the lease requires be covered by insurance provided by a nominated insurer,

          (d) the amount of the cover is not less than that which the lease requires to be provided by such insurance, and

          (e) the tenant satisfies subsection (3).

          (3)   To satisfy this subsection the tenant—

          (a) must have given a notice of cover to the landlord before the end of the period of fourteen days beginning with the relevant date, and

          (b) if (after that date) he has been requested to do so by a new landlord, must have given a notice of cover to him within the period of fourteen days beginning with the day on which the request was given.

          (4)   For the purposes of subsection (3)—

          (a) if the policy has not been renewed the relevant date is the day on which it took effect and if it has been renewed it is the day from which it was last renewed, and

          (b) a person is a new landlord on any day if he acquired the interest of the previous landlord under the lease on a disposal made by him during the period of one month ending with that day.

          (5)   A notice of cover is a notice specifying—

          (a) the name of the insurer,

          (b) the risks covered by the policy,

          (c) the amount and period of the cover, and

          (d) such further information as may be prescribed.

          (6)   A notice of cover—

          (a) must be in the prescribed form, and

          (b) may be sent by post.

          (7)   If a notice of cover is sent by post, it may be addressed to the landlord at the address specified in subsection (8).

          (8)   That address is—

          (a) the address last furnished to the tenant as the landlord's address for service in accordance with section 48 of the 1987 Act (notification of address for service of notices on landlord), or

          (b) if no such address has been so furnished, the address last furnished to the tenant as the landlord's address in accordance with section 47 of the 1987 Act (landlord's name and address to be contained in demands for rent).

          (9)   But the tenant may not give a notice of cover to the landlord at the address specified in subsection (8) if he has been notified by the landlord of a different address in England and Wales at which he wishes to be given any such notice.

          (10)   In this section—

      "authorised insurer", in relation to a policy of insurance, means a person who may carry on in the United Kingdom the business of effecting or carrying out contracts of insurance of the sort provided under the policy without contravening the prohibition imposed by section 19 of the Financial Services and Markets Act 2000 (c.8),"house" has the same meaning as for the purposes of Part 1 of the 1967 Act,"landlord" and "tenant" have the same meanings as in Chapter 1 of this Part,"long lease" has the meaning given by sections 74 and 75 of this Act, and"prescribed" means prescribed by regulations made by the appropriate national authority.'.


Request for summary of relevant costs

   

Mr Adrian Sanders
Sue Doughty

NC18

To move the following Clause:—

    '.—(1)   Section 21 of the Landlord and Tenant Act 1985 is amended as follows.

    (2)   At the end of subsection (5) insert—

          "(5ZA)   The summary shall include a declaration that it is free from material misstatement, irregularity or error, having regard to current landlord and tenant legislation and applying the accepted accounting practices of his professional body.".'.


   

Ms Sally Keeble

88

Schedule     14,     page     134,     line     39,     at end insert—

'Commonhold and Leasehold Reform Act 2002Section 102.'.


   

Ms Sally Keeble

85

Clause     172,     page     87,     line     19,     at beginning insert 'Apart from section 102 and sections 168 to 170,'.

   

Ms Sally Keeble

86

Clause     172,     page     87,     line     27,     after '1' insert 'or section 171 and Schedule 14 so far as relating to section 102'.

   

Ms Sally Keeble

87

Clause     172,     page     87,     line     28,     after '14' insert 'so far as otherwise relating'.


   

Mr Michael Wills
Ms Sally Keeble

20

Clause     174,     page     87,     line     35,     leave out subsection (2).


ORDER OF THE COMMITTEE [15TH JANUARY]

       That -

    (1)   during proceedings on the Commonhold and Leasehold Reform Bill [Lords] the Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and at half-past Two o'clock;

    (2)   the proceedings shall be taken in the following order, namely Clauses 1 and 2, Schedule 1, Clauses 3 and 4, Schedule 2, Clauses 5 to 33, Schedule 3, Clauses 34 to 57, Schedule 4, Clauses 58 to 66, Schedule 5, Clauses 67 and 68, New Clauses and New Schedules relating to Part 1, Clauses 69 and 70, Schedule 6, Clauses 71 to 100, Schedule 7, Clauses 101 to 121, Schedule 8, Clauses 122 to 147, Schedule 9, Clauses 148 to 153, Schedule 10, Clause 154, Schedule 11, Clauses 155 to 165, Schedule 12, Clauses 166 and 167, Schedule 13, Clauses 168 to 170, New Clauses and New Schedules relating to Part 2, Clause 171, Schedule 14, Clauses 172 to 174 and remaining New Clauses and New Schedules;

    (3)   the proceedings relating to Part 1 of the Bill (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 22nd January 2002;

    (4)   the proceedings on Clauses 69 and 70, Schedule 6, Clauses 71 to 100, Schedule 7 and Clauses 101 to 111 (so far as not previously concluded) shall be brought to a conclusion at 5 p.m. on Thursday 24th January 2002;

    (5)   the proceedings on Clauses 112 to 121, Schedule 8 and Clauses 122 to 125 (so far as not previously concluded) shall be brought to a conclusion at 7 p.m. on Tuesday 29th January 2002;

    (6)   the remaining proceedings on the Bill (so far as not previously concluded) shall be brought to a conclusion at 5 p.m. on Thursday 31st January 2002.

       Mr Michael Wills has given notice of his intention to move a motion in the terms of the resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming (28th June)].


 
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Prepared 24 Jan 2002