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23

Page 30, line 31, at end insert--


'( ) The terms of any tenancy of any part of the house shall be deemed to include a duty on the part of the tenant, if required to do so by the owner of the house, to furnish him with such information as he may reasonably require to enable him to comply with a notice under subsection (2).'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 15 to 23.

Moved, That the House do agree with the Commons in their Amendments Nos. 15 to 23--( Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

24

Clause 51, peave out Clause 51 and insert the following new Clause--

Conditions as to repayment
in case of other compensation, &c
'.--(1) Where a local housing authority approve an application for a grant they may, with the consent of the Secretary of State, impose a condition requiring the applicant to take reasonable steps to pursue any relevant claim to which this section applies and to repay the grant, so far as appropriate, out of the proceeds of such a claim.
(2) The claims to which this section applies are--
(a) an insurance claim, or a legal claim against another person, in respect of damage to the premises to which the grant relates, or
(b) a legal claim for damages in which the cost of the works to premises to which the grant relates is part of the claim;
and a claim is a relevant claim to the extent that works to make good the damage mentioned in paragraph (a), or the cost of which is claimed as mentioned in paragraph (b), are works to which the grant relates.
(3) In the event of a breach of a condition under this section, the applicant shall on demand pay to the local housing authority the amount of the grant so far as relating to any such works, together with compound interest as from such date as may be prescribed by or determined in accordance with the regulations, calculated at such reasonable rate as the authority may determine and with yearly rests.
(4) The local housing authority may determine not to make such a demand or to demand a lesser amount.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 24. In moving this Motion, I shall speak also to Amendments Nos. 25 and 56.

The amendments concern the powers of local housing authorities to impose conditions, with the Secretary of State's consent, requiring applicants to take steps to pursue claims--for example, against an insurance company--covering works for which grant has been paid, and to repay grant as appropriate out of the proceeds of the claim.

Amendment No. 24 inserts a new clause to replace the provisions of Clause 51 of the Bill.

We believe that it is right that where grant has been awarded for works for which a claim against another person or a claim for damages is pending, and which would ultimately meet the cost of the works, the authority should seek recovery of grant already paid.

23 Jul 1996 : Column 1324

These are sensible provisions which provide authorities with the flexibility to pursue grant recovery in appropriate cases and also help protect grant resources. Amendments No. 25 and 56 are consequential to the new clause.

Moved, That the House do agree with the Commons in their Amendment No. 24--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

25

Clause 52, page 31, line 44, leave out '51' and insert '(Conditions as to repayment in case of other compensation, &c.)'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 25.

Moved, That the House do agree with the Commons in their Amendment No. 25--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

26

Clause 54, page 32, line 19, leave out from first 'of' to end of line 23 and insert 'any such order as is mentioned in subsection (2A);'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 26. In moving this Motion, I shall speak also to Amendments Nos. 27, 29, 30, 110, 113 and 116.

Amendments Nos. 26, 27, 29 and 30 and the new clause which will be introduced by Amendment No. 110 extend the range of exempt disposals where the disposal is as a result of an order made in proceedings relating to divorce, inheritance or children.

The amendments resulted from consideration of provisions in your Lordships' House on the Housing Bill, where the reference was to Section 24 of the Matrimonial Causes Act 1973. This led to a revision of definitions in a number of areas of housing legislation. It is considered appropriate to make similar provision in this Bill.

Amendments Nos. 110, 113 and 116 similarly extend the definitions of exempt disposals under Part VIII of the Local Government and Housing Act 1989, which will continue to apply until the Bill is brought into force.

Moved, That the House do agree with the Commons in their Amendment No. 26--(Earl Ferrers.)

On Question, Motion agreed to.

5.45 p.m.

COMMONS AMENDMENTS

27

Clause 54, page 32, line 24, leave out from 'disposal' to end of line 25 and insert '(see subsection (2B));'.


28

Page 32, line 43, leave out 'section 15' and insert 'section 16'.

23 Jul 1996 : Column 1325


29

Page 33, line 19, at end insert--


'(2A) 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).'.
30

Page 33, line 19, at end insert--


'(2B) For the purposes of subsection (1)(d) a compulsory disposal is a disposal of property which is acquired compulsorily, or is acquired by a person who has made or would have made, or for whom another person has made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired.'.
31

Clause 59, page 36, leave out lines 50 to 52 and insert--


'tenant (and expressions relating to tenancies)
-in the context of a tenant's application for a renovation grantsection 7(6)
-in the context of a certificate of intended letting section 8(3A)
-in the context of an application for a common parts grantsection 14(2)
-in the context of an application for disabled facilities grantsection 19(5)'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 27 to 31.

Moved, That the House do agree with the Commons in their Amendments Nos. 27 to 31--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

32

Clause 60, page 37, line 14, after 'works' insert '--(a)'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 32. In moving this Motion, I shall speak also to Amendments Nos. 33 to 36, 41 and 58.

The purpose behind these amendments is to increase the flexibility of group repair. Amendments No. 32 to 35 do so by enabling schemes to deal with structural instability, either together with, or separately from, works to put the property in reasonable repair. The new clause inserted by Amendment No. 41 enables schemes to be varied after commencement with the approval of the Secretary of State. Our intention would be to give a general approval to cover the bulk of cases. Both these sets of amendments meet concerns raised by noble Lords opposite at earlier stages of the Bill.

Amendment No. 36 clarifies the date of scheme approval in cases which fall within the Secretary of State's general consent.

23 Jul 1996 : Column 1326

Amendment No. 58 rectifies incorrect references made in Clause 94(4) to Clause 64(2). The particular changes are the insertion of the correct title for Clause 64 and the insertion of a reference to paragraph (b)--of Clause 64(2)--in place of the reference to paragraph (c). The latter takes account of changes that were made to the numbering of Clause 64 following an earlier amendment made at Report stage in this House.

Moved, That the House do agree with the Commons in their Amendment No. 32--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

33

Clause 60, page 37, line 15, at end insert ', or


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