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54

Page 48, line 19, at end insert--


'For this purpose sections 197 (powers of entry) and 198 (penalty for obstruction) of the Housing Act 1985 apply as they apply for the purposes of Part VI of that Act.'.
55

Clause 90, page 52, line 4, leave out '100(b)' and insert '89(b)'.


56

Clause 93, page 53, line 30, after '44(3)(a)' insert ', (Conditions as to repayment in case of other compensation, &c.)'.


57

Page 53, line 31, leave out from 'State)' to end of line 33.


58

Clause 94, page 54, line 10, leave out from 'schemes)' to end of line 17 and insert ', in section 64(2) (persons eligible to participate in group repair scheme as assisted participants), the requirement in paragraph (a) that a person give an owner-occupation certificate or a certificate of intended letting does not apply if--


(a) the person concerned is a charity or the trustee of a charity, or
(b) the dwelling is the residence house of an ecclesiastical benefice;
and the requirement in paragraph (b) that a person give a certificate of future occupation does not apply if the person concerned is a charity or the trustee of a charity.'.
59

Clause 96, page 54, line 38, at end insert 'and section 84 of this Act'.


60

Page 54, line 40, leave out 'that Act' and insert 'the Housing Act 1985'.


61

Clause 100, page 56, line 15, at end insert 'and includes any body established by order under section 88 of the Housing Act 1988'.


62

Page 56, line 17, leave out from first '"introductory' to 'Chapter' in line 18 and insert 'tenancy" and "introductory tenant" have the same meaning as in'.


63

Page 56, line 24, at end insert 'and includes any body established by order under paragraph 7 of Schedule 9 to the New Towns Act 1981'.


64

Page 57, line 4, at end insert 'and includes any body established by order under section 165B of the Local Government, Planning and Land Act 1980'.

Earl Ferrers: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 47 to 64 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 47 to 64.--(Earl Ferrers.)

On Question, Motion agreed to.

COMMONS AMENDMENT

65

Clause 103, page 57, line 40, leave out from 'agreement' to end of line 41 and insert 'with a person for any of the following--


(a) the carrying out of construction operations;
(b) arranging for the carrying out of construction operations by others, whether under sub-contract to him or otherwise;
(c) providing his own labour, or the labour of others, for the carrying out of construction operations.

23 Jul 1996 : Column 1330


(1A) References in this Part to a construction contract include an agreement--
(a) to do architectural, design, or surveying work, or
(b) to provide advice on building, engineering, interior or exterior decoration or on the laying-out of landscape,
in relation to construction operations.
(1B) References in this Part to a construction contract do not include a contract of employment (within the meaning of the Employment Rights Act 1996).
(1C) The Secretary of State may by order add to, amend or repeal any of the provisions of subsection (1), (1A) or (1B) as to the agreements which are construction contracts for the purposes of this Part or are to be taken or not to be taken as included in references to such contracts.
No such order shall be made unless a draft of it has been laid before and approved by a resolution of each of House of Parliament.'.

Lord Lucas: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 65. At the same time, it may be convenient for the House to consider Amendments Nos. 66, 67, 74, 75, 94 and 111. The main amendment--

Lord Williams of Elvel: My Lords, I am sorry to interrupt the Minister at this point, but does he intend to speak also to Amendment No. 65A?

Lord Lucas: My Lords, I rather feel that I shall have to do so. However, I had intended to wait until the noble Lord, Lord Howie of Troon, moved his amendment. I presume that he will do so immediately after I have spoken. That is still my intention unless the noble Lord, Lord Howie, wishes me to do otherwise.

Lord Howie of Troon: My Lords, I would be much happier if the Minister were to reply to my amendment after I have moved it. However, it usually does not make much difference whether he speaks to my amendments before or after I have moved them.

Lord Lucas: My Lords, the noble Lord, Lord Howie, is as perspicacious as always. As I was saying, the main amendment in the group is Amendment No. 65 which has arisen largely as a result of suggestions by the noble Lord, Lord Howie of Troon, before the Bill left this House. The noble Lord urged us to consider including within the Bill design and other consultancy-type work conducted by non-professionals in support of construction operations. An example might be specialist design work carried out by, say, an electrical contractor prior to wiring a building. The noble Lord pointed out that Clause 104(3) could be taken to relate only to the work of professionals and that a great deal of similar work was carried out on construction sites by those not accredited to a recognised profession. We were sympathetic to this, and I undertook to consider appropriate amendments.

During our deliberations it became clear that we were resting the definition section of Part II of the Bill too firmly on an idea of construction operations, and that that was requiring us to stretch the term to categories of work such as design and consultancy which, although

23 Jul 1996 : Column 1331

they undoubtedly related to on-site operations, were not in themselves construction operations as generally understood. In short, we decided to redefine a construction contract to include not only construction operations but also work which related to it. That makes it very simple to include non-professional design and consultancy work, as we have done in subsection (1A) of Amendment No. 65, without having to stretch the idea of construction operations even further.

I should point out that Amendment No. 65 also clarifies the position of those who provide labour for construction operations or those involved in management or supervision. They are already covered by Clause 103 as it is drafted, but I hope that the House will agree that subsection (1)(b) and (c) would leave no possibility for doubt about this. We have also thought it right to make it clear, with subsection (1B), that an ordinary contract of employment would not be covered.

Some of the other amendments in the group are consequential. Amendment No. 66 is designed to ensure that there is no doubt about the meaning of "relates to construction operations" in subsection (2). Amendments Nos. 74 and 75 reflect the fact that the inclusion of these operations would be moved from Clause 104 to 103, and Amendment No. 111 is required to set straight the reference to the power to amend these subsections by order.

I turn now to Amendment No. 94. When the Bill was last in this House, the noble Lord, Lord Williams of Elvel, was most tenacious in his pursuit of an amendment to Clause 103 to ensure that construction work on behalf of the Royal Duchies would be covered by fair contracts provisions. Unfortunately, it was impossible to bring forward a government amendment to that effect before the Bill moved to another place, but I did undertake to reflect on the matter. This we have now done, and I am pleased to say that there has been complete agreement that the Bill should apply to work on behalf of the Duchy of Lancaster and the Duchy of Cornwall. That is the purpose of the new clause (Amendment No. 94), and Amendment No. 67 is consequential to it. I hope that the amendments will be acceptable to the whole House and in particular to the noble Lords, Lord Howie of Troon and Lord Williams of Elvel, to whose inspiration we owe such improvements.

Moved, That the House do agree with the Commons in their Amendment No. 65.--(Lord Lucas.)

AMENDMENT TO COMMONS AMENDMENT No. 65

65A

Leave out lines 10 to 13 and insert (", in relation to construction operations, to provide professional advice or work on architecture or as a surveyor or consultant on building, engineering, interior or exterior decoration or on the laying-out of landscape").

Lord Howie of Troon: My Lords, I was deeply moved by the Minister's last few words as they contained unusual praise directed towards me. However, I am sorry to say that I am not exactly satisfied with the amendments. Indeed, I am not sure that the Minister correctly represented my objections to the clause as originally set out in the Bill. That was no doubt

23 Jul 1996 : Column 1332

inadvertent. Perhaps the Minister is confusing me with the noble Lord, Lord Monkswell, who is more interested in non-professional professional work, if I may put it that way, than I am.

If the Minister can recall, my objection was that, in transferring a certain definition from the income tax Bill of 1988, the original Bill had changed the wording of that legislation in a way which I thought was incomprehensible. I know that I am going back quite a while, but perhaps I may remind the Minister of what the Bill originally said. In the reference to "construction operations" it included,


    "the professional work of ... architects or surveyors, or ... consultants in building, engineering, interior or exterior decoration or in the laying-out of landscape".
I was perturbed that a distinction was made in the Bill which was not made in the tax Bill--and, indeed, need not be made in any Bill--between the architects and the consulting engineer.

The Government have changed that part of the definition and shifted it in the Bill in order to meet a real objection. As we know, in Part III the title of architect is protected, but his work is not. In other words, anyone who is not an architect can undertake such work. Indeed, I can and have done so. I dare say that the Minister could do so if he felt so inclined, and it would be covered under the Bill's provisions. There is a good deal of sense in that.

However, I notice that the Government's amendment says:


    "References in this part ... include an agreement--


    (a) to do architectural, design or surveying work, or


    (b) to provide advice on building, engineering, interior or exterior decoration or on the laying-out of landscape,


    "in relation to construction operations".
We almost agreed on a previous occasion that the words,


    "in relation to construction operations"
were in the wrong place; and, indeed, my amendment actually puts them in the right place. But no doubt we shall shortly hear why I am mistaken in that respect. However, in that context, what does the phrase "design work" mean?

The Minister will perhaps not remember, but we had a Bill which went through this House, the name of which escapes me but I am sure the noble Lord, Lord Williams of Elvel, will remember it very well.

5.30 p.m.

Lord Williams of Elvel: My Lords, the copyright Act 1988.


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