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Amendments to the Commonhold and Leasehold Reform Bill [H.L.]

Commonhold and Leasehold Reform Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Commonhold and Leasehold Reform Bill [H.L.] to be moved in Grand Committee in the House of Lords.

  
Clause 3
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 2, line 19, leave out paragraph (b) 
  
After Clause 3
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
     ("  .--(1)  Commonhold land may consist of, or include, a building, or part of a building, which is above or below other land.
 
    (2)  Where subsection (1) applies, a positive covenant relating to the commonhold or the other land entered into between the commonhold association and the registered proprietor of an estate in the whole or part of the other land shall be enforceable by and against their successors in title if the covenant so provides.")
Flying commonhold.
  
Clause 17
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 8, line 20, leave out subsections (1) and (2) and insert--
 
    ("(1)  No term of years absolute may be created in a residential commonhold unit--
    (a)  for a term exceeding 7 years;
    (b)  in consideration of the payment of a premium or other lump sum;
    (c)  which does not comply with such other conditions as may be prescribed.")
 
  
Clause 20
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 9, line 37, leave out ("resolution which is passed unanimously") and insert ("special resolution") 
  
Clause 34
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 15, line 9, leave out from ("of") to ("and") in line 10 and insert ("the commonhold association") 
  
Clause 36
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill. 
  
Clause 40
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 18, line 18, at end insert ("special") 
     Page 18, line 22, leave out paragraph (b) 
  
Clause 41
 
  
BY THE LORD CHANCELLOR
 
     Page 19, line 7, leave out ("community") 
  
Clause 42
 
  
BY THE LORD CHANCELLOR
 
     Page 19, line 19, leave out ("community") 
  
Clause 54
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 23, line 25, at end insert ("but does not make a succession order in respect of the association") 
  
Clause 61
 
  
BY THE LORD CHANCELLOR
 
     Page 26, line 4, leave out from ("regulations") to end of line 5 
     Page 26, line 5, at end insert--
 
    ("(  )  Regulations under this Part shall be made--
    (a)  in the case of regulations under section 58(3), by the Lord Chancellor and the Secretary of State acting jointly, and
    (b)  in any other case, by the Lord Chancellor.")
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 26, line 12, leave out paragraph (e) 
     Page 26, line 13, at end insert--
 
    ("(3)  Regulations shall not be made under sections 3(1)(e), 3(2)(f) or 19(4) unless a draft of the instrument containing them has been laid before and approved by a resolution of each House of Parliament.
 
    (4)  The first regulations under section 31 and paragraph 2 of Schedule 3 shall not be made unless a draft of the instrument containing them has been laid before and approved by a resolution of each House of Parliament.
 
    (5)  Subject to subsections (3) and (4), regulations under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
     Page 26, line 13, at end insert--
 
    ("(  )  A copy of any regulations made under this Part shall be sent free of charge to each commonhold association which is the registered proprietor of commonhold land before, or within 7 days after, the regulations come into force.")
 
  
Schedule 5
 
  
BY THE LORD CHANCELLOR
 
     Page 77, line 17, at end insert-- 
 ("Housing Act 1985 (c. 68) 
     .  At the end of section 118 of the Housing Act 1985 (the right to buy) there shall be added--
        (3)  For the purposes of this Part, a dwelling-house which is a commonhold unit (within the meaning of the Commonhold and Leasehold Reform Act 2001) shall be treated as a house and not as a flat."")
 
  
Clause 69
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 29, line 33, leave out paragraphs (a) and (b) 
     Page 29, line 37, after ("the") insert ("access and the") 
     Page 29, line 39, after ("the") insert ("access and the") 
     Page 29, line 42, after ("of") insert ("access or of") 
  
BY THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
 
     Page 30, line 2, at end insert--
 
    ("(5A)  This chapter applies also to a part of a building which comprises flats occupied as dwellings, "the residential part", where the building containing those flats is not solely occupied for residential purposes.
 
    (5B)  The exercise of rights under subsection (5A) includes the residential common parts.
 
    (5C)  The "residential common parts" shall be all of those areas over which the qualifying tenants have rights of use, passage, or other easement or right.
 
    (5D)  Any dispute between the RTM company and the landlord as to the extent of the "residential part" shall be determined by a surveyor appointed by the President of the Leasehold Valuation Tribunal, whose costs shall be met equally by the RTM company and the landlord.")
 
  
Schedule 6
 
  
BY THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
 
     Page 78, line 3, leave out paragraph 1 
  
BY THE LORD CHANCELLOR
 
     Page 79, line 25, leave out paragraph 5 
  
Clause 70
 
  
BY THE LORD CHANCELLOR
 
     Page 30, line 13, leave out from ("company") to end of line 14 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 30, line 14, leave out paragraph (b) 
  
BY THE LORD CHANCELLOR
 
     Page 30, leave out lines 17 to 25 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     Page 30, line 17, leave out subsections (4) to (6) 
  
BY THE LORD CHANCELLOR
 
     Page 30, line 33, leave out ("1993 Act") and insert ("Leasehold Reform, Housing and Urban Development Act 1993 (referred to in this Part as "the 1993 Act").
 
    (  )  RTE company" has the same meaning as in Chapter I of Part I of the 1993 Act.")
1993 c. 28.
 
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Prepared 14 February 2001