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Earl Russell: My Lords, I thank the Minister for that reply. I agree with what he said about the Barrett judgment. I agree with what he said about the Council of Mortgage Lenders. Not every junior manager is fully aware of every decision of the Council of Mortgage Lenders. Again, there is a problem in current cases of applying the Barrett judgment.

In a recent case in west London, where there was a mortgage of £68,000 and arrears of £8,000, the lender took possession proceedings. The client found a buyer for £72,000. The lender refused to let the sale go ahead on the ground that it would not cover the outstanding debt. I think it covered far more of it than would have accrued otherwise. By making representations, the citizens advice bureau was able to persuade the lender to change its mind. But I fear that the present state of the law means that one cannot get the benefit of the Court of Appeal judgment unless one enjoys the support of a citizens advice bureau making representations. And although I am second to none in my admiration for citizens advice bureaux, it is not realistic to expect every single litigant to have one to represent him.

I believe that the amendment does meet a need. However, the Minister has gone a long way towards meeting my concerns. I thank him for doing so and beg leave to withdraw the amendment.

Amendment, by leave withdrawn.

12.30 a.m.

Clause 203 [Miscellaneous minor amendments]:

Lord Lucas moved Amendment No. 111:

8 Jul 1996 : Column 160


Page 121, line 40, at end insert--
("Part IIA relates to orders in relation to property in family and matrimonial proceedings, &c..").

The noble Lord said: My Lords, I spoke to this amendment when I moved Amendment No. 5. I beg to move.

On Question, amendment agreed to.

Schedule 16 [Miscellaneous provisions]:

Lord Lucas moved Amendment No. 112:


Page 182, line 47, leave out ("income and expenditure is") and insert ("items or amounts are").

The noble Lord said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 113 to 120. Paragraphs 4 and 5 of Part II of Schedule 16 add three new sections into Part VI of the Local Government and Housing Act 1989. These will enable the Secretary of State to give directions which will give authorities more discretion over how they account for certain items of expenditure and income. Amendments Nos. 112 to 120 are purely technical. They are designed to clarify the scope of the Secretary of State's powers. I beg to move.

On Question, amendment agreed to.

Lord Lucas moved Amendments Nos. 113 to 120:


Page 182, line 49, leave out ("flats in") and insert ("parts of").
Page 183, line 4, leave out ("income and expenditure is") and insert ("items or amounts are").
Page 183, leave out lines 8 to 10.
Page 183, line 14, leave out ("flats in") and insert ("parts of").
Page 183, line 16, leave out from ("authority") to end of line 18 and insert ("which has successfully bid for the work on a competitive basis.").
Page 183, line 29, leave out from beginning to ("in") in line 30 and insert ("Directions under subsection (2)(a) may make provision for determining the amount to be treated as the amount of the authority's successful bid.
References").
Page 183, line 44, leave out ("may be") and insert ("he thinks fit").
Page 184, line 7, leave out ("may determine") and insert ("thinks fit").

On Question, amendments agreed to.

Lord Lucas moved Amendment No. 121:


Page 185, line 36, at end insert--

("Part IIA
Orders in relation to property in family and matrimonial proceedings, &c.
Housing Act 1980 (c.51)

6A. In section 54(2) of the Housing Act 1980 (prohibition on assignment of protected shorthold tenancy or protected tenancy of dwelling-house), for "except in pursuance of an order under section 24 of the Matrimonial Causes Act 1973" substitute--
"except in pursuance of an order under--
(a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);
(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).".

8 Jul 1996 : Column 161

Housing Act 1985 (c.68)

6B.--(1) Section 39 of the Housing Act 1985 (exempted disposals) is amended as follows.
(2) In subsection (1), for paragraph (c) substitute--
"(c) it is a disposal of the whole of the house in pursuance of any such order as is mentioned in subsection (3);"
(3) After subsection (2) add--
"(3) The orders referred to in subsection (1)(c) are orders under--
(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or
(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".
6C. In section 88(2) of the Housing Act 1985 (cases where secure tenant is a successor) after "proceedings)" insert "or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)".
6D. In section 89(3) of the Housing Act 1985 (succession to periodic secure tenancy) for the words from "under" to the end substitute--
"under--
(a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents).".
6E. In section 90(3) of the Housing Act 1985 (devolution of secure tenancy), for paragraph (a) and the word "or" at the end of the paragraph substitute--
"(a) the vesting or other disposal is in pursuance of an order made under--
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or".
6F. In section 91(3) of the Housing Act 1985 (cases where assignment of secure tenancy permitted), for paragraph (b) substitute--
"(b) an assignment in pursuance of an order made under--
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".
6G. In section 99B(2) of the Housing Act 1985 (persons qualifying for compensation for improvements) for paragraph (e) substitute--
"(e) a person to whom the tenancy was assigned by the improving tenant in pursuance of an order made under--

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(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".
6H. In section 101(3) of the Housing Act 1985 Act (rent not increased on account of tenant's improvements: qualifying persons) for paragraph (c) substitute--
"(c) a person to whom the tenancy was assigned by the tenant in pursuance of an order made under--
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".
6I.--(1) Section 160 of the Housing Act 1985 (exempted disposals in relation to right to buy) is amended as follows.
(2) In subsection (1), for paragraph (c) substitute--
"(c) it is a disposal of the whole of the dwelling-house in pursuance of any such order as is mentioned in subsection (3);".
(3) After subsection (2) add--
"(3) The orders referred to in subsection (1)(c) are orders under--
(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or
(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".
6J. In section 171B(4)(b) of the Housing Act 1985 (extent of preserved right to buy: qualifying successors of tenant), after sub-paragraph (ii) insert--
"or
(iii) a property adjustment order under section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), or
(iv) an order under paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents),".
6K. In paragraph 1(2) of Schedule 6A to the Housing Act 1985 (obligation to redeem landlord's share: excluded disposals), for paragraph (c) substitute--
"(c) it is a disposal in pursuance of an order under--
(i) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
(ii) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
(iii) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or

8 Jul 1996 : Column 163


(iv) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents),".
Landlord and Tenant Act 1987 (c.31)

6L. In section 4(2) of the Landlord and Tenant 1987 (right of first refusal: excluded disposals), for paragraph (c) substitute--
("(c) a disposal in pursuance of an order made under--
(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),
(ii) section 24A of the Matrimonial Causes Act 1973 (orders for the sale of property in connection with matrimonial proceedings) where the order includes provision requiring the property concerned to be offered for sale to a person or class of persons specified in the order,
(iii) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
(iv) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.),
(v) section 17(2) of the Matrimonial and Family Proceedings Act 1984 (orders for the sale of property after overseas divorce, &c.) where the order includes provision requiring the property concerned to be offered for sale to a person or class of persons specified in the order, or
(vi) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".
Housing Act 1988 (c.50)

6M.--(1) Paragraph 4 of Schedule 11 to the Housing Act 1988 (repayment of discount on disposal: exempted disposals) is amended as follows.
(2) In sub-paragraph (1), for paragraph (c) substitute--
"(c) it is a disposal of the whole of the house in pursuance of any such order as is mentioned in sub-paragraph (4) below;".
(3) After sub-paragraph (3) add--
"(4) The orders referred to in sub-paragraph (1)(c) above are orders under--
(a) section 24 or 24A of the Matrimonial Causes Act 1973 (property adjustment orders or orders for the sale of property in connection with matrimonial proceedings),
(b) section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate),
(c) section 17 of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders or orders for the sale of property after overseas divorce, &c.), or
(d) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);".").

On Question, amendment agreed to.


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