Commonhold and Leasehold Bill [Lords]

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New clause 17

Insurance otherwise than with nominated insurer

    '(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,

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    (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.'.—[Ms Keeble.]

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

Clause 171 ordered to stand part of the Bill.

Schedule 14

Repeals

Ms Keeble: I beg to move, amendment No. 88, in page 134, line 39, at end insert—

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

The Chairman: With this is will be convenient to take Government amendments Nos. 85, 86 and 87.

Ms Keeble: This is a group of technical amendments, which is intended to bring about the early commencement of clauses 102 and 168, 169 and 170 and to subsequently provide for the repeal of clause 102. It might be helpful to the Committee if I explain why that is necessary. Clause 102 amends the Land Registration Act 1925, to make the right to manage a registerable interest in land. The Bill currently provides that all the provisions of part 2 other than clauses 172 to 174 are to be commenced by order. That is to be done in England by the Secretary of State and in Wales by the National Assembly for Wales. The Land Registry has asked that we ensure that the clauses commence at the same time for England and Wales. We believe that the amendment is

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the most convenient way to achieve that.

The amendment to schedule 14 is intended to provide for the repeal of clause 102. As we have discussed before, the Land Registration Bill is currently before Parliament and will repeal the Land Registration Act 1925. That will make clause 102 redundant. Therefore, amendment No. 88 will allow for the appeal of clause 102 of this Bill by order. Amendments Nos. 86 and 87 are consequential to that.

Members will notice that amendment No. 85 also provides for the early commencement of clauses 168, 169 and 170. That is consequential to the early commencement of clause 102. The main reason for the amendments is to ensure that clause 102 has effect in England and Wales at the same time. We must therefore commence the provisions relating to Wales at the same time as commencing clause 102. I hope that that has served to explain these technical amendments.

Amendment agreed to.

Schedule 14, as amended, agreed to.

Clause 172

Commencement etc

Amendments made: No. 85, in page 87, line 19, at beginning insert

    'Apart from section 102 and sections 168 to 170,'.

No. 86, in page 87, line 27, after '1' insert

    'or section 171 and Schedule 14 so far as relating to section 102'.

No. 87, in page 87, line 28, after '14' insert

    'so far as otherwise relating'.—[Ms Keeble.]

Clause 172, as amended, ordered to stand part of the Bill.

Clause 173 ordered to stand part of the Bill.

Clause 174

Short title

Ms Keeble: I beg to move amendment No. 20, in page 87, line 35, leave out subsection (2).

This is a technical amendment.

Mr. Sanders: I do not want to oppose the amendment, simply to take the opportunity to record my thanks for your chairmanship, Mr. Hurst, and for that of Mr. Illsley, and to thank other Committee members for what have been enjoyable and—given the original timetable—quick sessions to debate a complex Bill.

Ms Keeble: I very much appreciate your chairmanship, and that of Mr. Illsley. They have been extremely important in moving the debate along. It has been an extremely good debate for both sides, and it has been conducted with good humour. I am sure that you, Mr. Hurst, have contributed to that good humour with your chairmanship. The debate has given us all a good appreciation of some of the issues that arise in relation to property tenure in various parts of the country. As so often happens, legislation that touches on hon. Members' constituency interests and experiences is given an extraordinarily high level

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of scrutiny, and a real exchange of views and expertise takes place.

The Committee has made considerable progress in improving what was already an extremely good Bill which will make a real difference to the lives of many people. I look forward to continuing the debate on Report.

Mr. Cash: I only wish to add that, if we are to have two days on Report, it is important that we do not programme our debates to the point where we cannot use the time properly. I include such things as the unguided missile of an unexpected statement—or two—that can suddenly appear out of the blue.

Shona McIsaac: Or three on both days!

Mr. Cash: Or even three, as the hon. Lady says.

As I said on Second Reading, we should conduct our proceedings in the national interest. We believe that these proposals can lead to improvements, and

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further improvements are yet to be made—but, for heaven's sake, we should be sure of using our time properly on Report. I invite the Government to bear those thoughts in mind.

I thank you again, Mr. Hurst, and you co-Chairman, Mr. Illsley, for chairing our Committee so well. I thank also those others who are not known to be present but who have helped us to get through our proceedings so expeditiously.

The Chairman: Order. Most of what has just been said was out of order, but I am sure that it was appreciated.

Amendment agreed to.

Clause 174, as amended, ordered to stand part of the Bill.

Bill, as amended, to be reported.

Committee rose at seventeen minutes to Five o'clock.

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

 
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Prepared 24 January 2002