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(b) to render the buildings to which the scheme relates structurally stable,
or for both those purposes.'.
34

Clause 62, page 37, line 32, at end insert 'works of the following descriptions.


( ) In the case of works to put in reasonable repair the exterior of the buildings to which the scheme relates, the works must be'.
35

Page 37, line 37, at end insert--


'( ) In the case of works to render the buildings to which the scheme relates structurally stable, the works must be--
(a) works to the structure or to the foundations of the buildings to which the scheme relates, or
(b) other works necessary to give satisfactory effect to such works,
and must be such that on completion of the works the buildings will be structurally stable.'.
36

Clause 64, page 38, line 31, at end insert--


'In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the scheme fulfils the criteria for general approval.'.
37

Page 39, line 9, at end insert--


'(4A) In subsection (4) references to letting include the grant of a licence to occupy premises.
References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.'.
38

Page 39, line 24, at end insert--


'( ) a health authority, special health authority or NHS trust;'.
39

Page 39, line 24, at end insert--


'( ) a police authority established under section 3 of the Police Act 1964;'.
40

Page 39, line 28, at end insert--


'( ) An order under subsection (6)(f) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.'.
41

After Clause 67, insert the following new clause--

Variation of group repair scheme

'.--(1) A group repair scheme may be varied at any time before the completion date.
The variation may relate to the participants in the scheme, the buildings to which the scheme relates, the scheme works or any other matter.
(2) A variation is not effective unless approved by the Secretary of State.

23 Jul 1996 : Column 1327


The provisions of section 63(2) to (4) (supplementary provisions as to approval of scheme) apply to approval of a variation.
(3) Where a scheme is varied to enable other persons to participate, section 64 (persons eligible to participate) applies in relation to new participants with the substitution for the reference to the date of approval of the scheme of a reference to the date of approval of the variation.
In the case of a variation not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the variation fulfils the criteria for general approval.
(4) Before varying a group repair scheme the local housing authority shall consult the existing participants and consider any representations made by them.
(5) Fresh scheme consent is required in the case of an existing participant as to whom the authority are satisfied that his interests are adversely affected by the variation.
In any other case the existing scheme consent shall be treated as extended to the scheme as varied.'.
42

Clause 74, page 43, line 44, after 'tenant' insert '(generally)'.


43

Page 43, line 44, at end insert--


'tenant and related expressions (in the context of a certificate of intended letting)section 64(4A)'

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 33 to 43.

Moved, That the House do agree with the Commons in their Amendments Nos. 33 to 43--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

44

Clause 77, page 45, line 30, leave out from 'has' to 'on' in line 31 and insert 'for that period had its only or main mooring in the same locality'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 44.

This amendment responds to concerns expressed during Committee in another place. It provides that houseboats may satisfy the residency qualification for home repair assistance through being moored in the same locality rather than at the same mooring. The provision as previously drafted unintentionally restricted the mobility of a houseboat in seeking to define the prior qualifying period for grant assistance.

Moved, That the House do agree with the Commons in their Amendment No. 44--(Earl Ferrers.)

Lord Williams of Elvel: My Lords, I am sure that my noble friend Lord Dubs will be very grateful to the Government for producing this amendment. My noble friend has a continued interest in the residency qualification for houseboats. He spoke on that eloquently when the Bill was before your Lordships' House. I am sure that he will be very happy about this provision. I hope that the noble Earl has now had a little rest from jumping up and down, but I am afraid that he will have to jump up and down now.

On Question, Motion agreed to.

23 Jul 1996 : Column 1328

COMMONS AMENDMENT

45

Clause 78, page 46, line 21, at end insert--


'( ) Regulations under subsection (2) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 45. Perhaps I should explain to the noble Lord, Lord Williams, that I am not troubled by the exertion of getting up and down but it is rather that the thunder seems to have affected the air-conditioning system.

Moved, That the House do agree with the Commons in their Amendment No. 45--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

46

Clause 81, page 47, line 23, leave out 'owner of that' and insert 'person having control (as defined in section 207 of that Act) of the building or'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 46. At the same time, I should like to speak also to Amendments Nos. 47 to 55.

The purpose behind this group of amendments is fourfold. First, it clarifies the drafting and brings the service of deferred action notices closer into line with the provisions applying to repair notices under the Housing Act 1985 on which they are essentially based. This is the ground covered by Amendments Nos. 46 to 48, the first two and last two lines of Amendment No. 49, and Amendment No. 54. Secondly, it provides that a local authority may serve a copy of a deferred action notice on a licensee, as covered by the wording in paragraph (b) of Amendment No. 49.

Thirdly, Amendments Nos. 50 to 53 provide, in response to arguments made during the Committee stage of the Bill in another place, for the maximum period for reviewing a deferred action notice to be extended from 12 months to two years with the Secretary of State having power to vary the period. Fourthly, Amendment No. 55 corrects a reference error in the index of expressions in Clause 90.

Moved, That the House do agree with the Commons in their Amendment No. 46.--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

47

Clause 81, page 47, line 27, leave out 'The authority may' and insert 'Where the authority serve a notice under subsection (1), (2) or (3)--


(a) they shall'.
48

Page 47, line 28, leave out 'dwelling-house or house' and insert 'premises'.


49

Page 47, line 29, at end insert '(within the meaning of Part VI of the Housing Act 1985), and


(b) they may serve a copy of the notice on any person having a licence to occupy the premises.
( ) Section 617 of the Housing Act 1985 (service of notices) applies for the purpose of this section as it applies for the purpose of that Act.'.

23 Jul 1996 : Column 1329


50

Clause 83, page 48, line 15, leave out 'twelve months' and insert 'two years'.


51

Page 48, line 17, leave out 'twelve months' and insert 'two years'.


52

Page 48, line 17, at end insert--


'The Secretary of State may by order amend this subsection so as to specify such other period or periods as he considers appropriate.'.
53

Page 48, line 18, leave out 'They' and insert 'The authority'.


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