Commonhold and Leasehold Reform Bill [Lords]

[back to previous text]

Mr. Taylor: I did not say that.

Mr. Wills: I am not saying that the hon. Gentleman said anything of the sort. I am simply explaining what we are trying to achieve, and I hope that the Committee will see fit to accept the provisions.

Amendment agreed to.

Schedule 5, as amended, agreed to.

Clause 67 ordered to stand part of the Bill.

Clause 68

Index of defined expressions

Mr. Wills: I beg to move amendment No. 19, in page 32, line 23, at end insert-

    'Residential commonhold unit Section 17'.

This is a minor amendment to clause 68, which contains the index of defined expressions. It will helpfully point readers of the Bill to the definition of the phrase ''residential commonhold unit''. Clause 17(5) provides that a unit is residential if the commonhold community statement requires it to be used only for residential or for residential and other incidental purposes.

Amendment agreed to.

Clause 68, as amended, ordered to stand part of the Bill.

New clause 2

Part-unit: interests

    '(1) It shall not be possible to create an interest in part only of a commonhold unit.

    (2) But subsection (1) shall not prevent-

    (a) the creation of a term of years absolute in part only of a residential commonhold unit where the term satisfies prescribed conditions,

    (b) the creation of a term of years absolute in part only of a non-residential commonhold unit, or

    (c) the transfer of the freehold estate in part only of a commonhold unit where the commonhold association consents in writing to the transfer.

    (3) An instrument or agreement shall be of no effect to the extent that it purports to create an interest in contravention of subsection (1).

    (4) Subsection (5) applies where-

    (a) land becomes commonhold land or is added to a commonhold unit, and

    (b) immediately before that event there is an interest in the land which could not be created after that event by reason of subsection (1).

    (5) The interest shall be extinguished by virtue of this subsection to the extent that it could not be created by reason of subsection (1).

    (6) Section 17(2) and (4) shall apply (with any necessary modifications) in relation to subsection (2)(a) and (b) above.

    (7) Where part only of a unit is held under a lease, regulations may modify the application of a provision which-

    (a) is made by or by virtue of this Part, and

    (b) applies to a unit-holder or a tenant or both.

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    (8) Section 20(4) shall apply in relation to subsection (2)(c) above.

    (9) Where the freehold interest in part only of a commonhold unit is transferred, the part transferred-

    (a) becomes a new commonhold unit by virtue of this subsection, or

    (b) in a case where the request for consent under subsection (2)(c) states that this paragraph is to apply, becomes part of a commonhold unit specified in the request.

    (10) Regulations may make provision, or may require a commonhold(4)community statement to make provision, about-

    (a) registration of units created by virtue of subsection (9);

    (b) the adaptation of provision made by or by virtue of this Part or by or by virtue of a commonhold community statement to a case where units are created or modified by virtue of subsection (9).'.-[Mr. Wills.]

Brought up, read the First and Second time, and added to the Bill.

New clause 3

Part-unit: charging

    '(1) It shall not be possible to create a charge over part only of an interest in a commonhold unit.

    (2) An instrument or agreement shall be of no effect to the extent that it purports to create a charge in contravention of subsection (1).

    (3) Subsection (4) applies where-

    (a) land becomes commonhold land or is added to a commonhold unit, and

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    (b) immediately before that event there is a charge over the land which could not be created after that event by reason of subsection (1).

    The charge shall be extinguished by virtue of this subsection to the extent that it could not be created by reason of subsection (1).'.-[Mr. Wills.]

Brought up, read the First and Second time, and added to the Bill.

New clause 4

Advice

    '(1) The Lord Chancellor may give financial assistance to a person in relation to the provision by that person of general advice about an aspect of the law of commonhold land, so far as relating to residential matters.

    (2) Financial assistance under this section may be given in such form and on such terms as the Lord Chancellor thinks appropriate.

    (3) The terms may, in particular, require repayment in specified circumstances.'-[Mr. Wills.]

Brought up, read the First and Second time, and added to the Bill.

Further consideration adjourned.-[Mr. Stringer.]

Adjourned accordingly at sixteen minutes past Six o'clock till Thursday 17 January at half-past Nine o'clock.

The following Members attended the Committee:
Alan Hurst, Mr. (Chairman)
Cash, Mr.
Doughty, Sue
Hendrick, Mr.
Hepburn, Mr.
Iddon, Dr.
Lewis, Dr. Julian
McIsaac, Shona
Marsden, Mr. Gordon
Moffatt, Laura
Sanders, Mr.
Selous, Andrew
Stringer, Mr.
Taylor, Mr. John
Thomas, Gareth
Wiggin, Mr.
Wills, Mr.
Woolas, Mr.
Wright, David

 
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