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

back to previous amendments
 
  
Clause 36
 
  
BY THE LORD KINGSLAND
 
55*     Page 16, line 7, leave out paragraph (g) 
56*     Page 16, line 12, at end insert--
      ("(j)  enabling a tenant to offset any payments made to the association against any monies owning to the unit-holder as landlord.")
 
57     Page 16, line 14, leave out ("may") and insert ("shall") 
58     Page 16, line 17, at end insert--
      ("(c)  provision for charging the interest of a unit-holder who is in breach of any such duty to secure payment of any compensation or costs and interest thereon which he is liable to pay in respect of that breach of duty")
 
  
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 37
 
  
BY THE LORD KINGSLAND
 
59*     Page 16, line 22, after ("to") insert ("prepare an annual statement of projected expenses which the association might reasonably expect to incur and") 
  
BY THE BARONESS GARDNER OF PARKES
 
60     Page 16, line 39, at end insert--
        ("(  )  A commonhold community statement must provide that the payments referred to in subsection (1)(c) to (e) above shall be revised to include any additional units created within the commonhold.")
 
  
Clause 38
 
  
BY THE EARL OF CAITHNESS
THE LORD WILLIAMS OF ELVEL
 
61     Page 16, line 44, at end insert ("and structure of the building") 
62     Page 17, line 1, leave out paragraph (b) 
  
BY THE LORD KINGSLAND
 
63     Page 17, line 3, at end insert--
      ("(c)  enabling a court to determine any issue as to whether or not any payment into the reserve fund demanded is reasonably required")
 
  
BY THE BARONESS GARDNER OF PARKES
 
64     Page 17, line 15, at end insert ("and the date by which payment should be received") 
65     Page 17, line 15, at end insert (", and
      (e)  as to the payment of interest on any late payment of such a levy.")
 
  
BY THE LORD KINGSLAND
 
66*     Page 17, line 20, at end insert--
        ("(3A)  The assets of a fund established and maintained by virtue of this section shall be treated as monies reserved for future expenditure.
        (3B)  Any sums paid into a fund established and maintained by virtue of this section by a unit-holder, and any investments representing those sums, shall (together with any income accruing thereon) be held by the commonhold association either as a single fund, or, if the commonhold association deems appropriate, as two or more separate funds.
        (3C)  The commonhold association shall hold any trust fund--
      (a)  on trust to defray costs incurred in connection with the matters for which the relevant contributions were payable (whether incurred by the commonhold association itself or by another person), and
      (b)  subject to that, on trust for the persons who are the contributing unit-holders for the time being.
        (3D)  Subject to subsections (3F) and (3G), the contributing unit-holders shall be treated as entitled by virtue of subsection (3C)(b) above to such shares in the residue of any such fund as are proportionate to their respective liabilities to pay a percentage of the levy set under subsection (2) of this section.
        (3E)  If the Secretary of State by order so provides, any sums standing to the credit of any trust fund may, instead of being invested in any other manner authorised by law, be invested in such manner as may be specified in the order; and any such order may contain such incidental, supplemental or transitional provisions as the Secretary of State considers appropriate in connection with the order.
        (3F)  On the transfer of a commonhold unit, the unit-holder shall not be entitled to any part of any trust fund, and any part of such trust fund which is attributable to relevant contributions paid in accordance with this section, shall accordingly continue to be held on the trusts referred to in subsection (3C).
        (3G)  Any trust fund established under this section shall be exempt from any tax in respect of the contributions made to it by the unit-holders, whether (apart from this provision) a liability to tax may be imposed on the commonhold association or the contributing unit-holder.")
 
67*     Page 17, line 23, at end insert ("or when the enforcement of a debt would render the commonhold association liable to a winding-up petition under section 124 of the Insolvency Act 1986") 
  
Clause 40
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
68     Page 18, line 18, at end insert ("special") 
69     Page 18, line 22, leave out paragraph (b) 
  
BY THE LORD KINGSLAND
 
70     Page 18, line 22, leave out paragraph (b) and insert--
      ("(b)  by a majority of 90 per cent. of the members of the commonhold community association who cast a vote on the resolution")
 
  
Clause 41
 
  
BY THE LORD CHANCELLOR
 
71     Page 19, line 7, leave out ("community") 
  
Clause 42
 
  
BY THE LORD CHANCELLOR
 
72     Page 19, line 19, leave out ("community") 
  
Clause 50
 
  
BY THE EARL OF CAITHNESS
 
     The Earl of Caithness gives notice of his intention to oppose the Question that Clause 50 stand part of the Bill. 
  
Clause 54
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
73     Page 23, line 25, at end insert ("but does not make a succession order in respect of the association") 
  
BY THE BARONESS GARDNER OF PARKES
 
74     Page 23, line 29, leave out ("cease to be commonhold") and insert ("become freehold") 
  
Clause 58
 
  
BY THE LORD KINGSLAND
 
75*     Page 25, line 33, at end insert--
      ("(g)  require the directors of the commonhold association to register a revised commonhold community statement following the acquisition of the freehold estate in part of the commonhold by a compulsory purchaser.")
 
  
Clause 61
 
  
BY THE LORD CHANCELLOR
 
76     Page 26, line 4, leave out from ("regulations") to end of line 5 
77     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
 
78     Page 26, line 12, leave out paragraph (e) 
79     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.")
 
80     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
 
81     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 66
 
  
BY THE LORD KINGSLAND
 
82*     Page 28, line 15, after ("reinstating") insert ("where practicable") 
  
Clause 69
 
  
BY THE BARONESS HANHAM
 
83*     Page 29, line 25, at end insert--
    ("(  )  they consist of individual houses and blocks of flats comprised in an estate management scheme,")
 
  
BY THE LORD KINGSLAND
 
84     Page 29, line 30, at end insert (",  and
    (d)  no part of the premises are let on a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies")
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
85     Page 29, line 33, leave out paragraphs (a) and (b) 
86     Page 29, line 37, after ("the") insert ("access and the") 
87     Page 29, line 39, after ("the") insert ("access and the") 
88     Page 29, line 42, after ("of") insert ("access or of") 
  
BY THE LORD LEA OF CRONDALL
THE BARONESS GIBSON OF MARKET RASEN
 
89     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
 
90     Page 78, line 3, leave out paragraph 1 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
91     Page 78, line 22, leave out paragraph 2 
  
BY THE LORD CHANCELLOR
THE LORD GOODHART
THE BARONESS HAMWEE
 
92     Page 79, line 25, leave out paragraph 5 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
93     Page 79, line 32, leave out from ("company") to end of line 38 
  
Clause 70
 
  
BY THE LORD KINGSLAND
THE BARONESS BUSCOMBE
 
94     Page 30, line 4, leave out ("a") and insert ("an") 
95     Page 30, line 7, leave out ("guarantee") and insert ("shares with at least the minimum paid-up capital, divided into "A" shares and "B" shares") 
96     Page 30, line 10, at end insert--
 
    ("(  )  The minimum paid-up capital of an RTM company shall be the greater of--
    (a)  the total service charge and rent payable by tenants in respect of the premises in the two years prior to the acquisition date; or
    (b)  twice the average service charge and rent payable in respect of the premises in the five years prior to the acquisition date.")
 
97     Page 30, line 11, leave out second ("a") and insert ("an") 
98     Page 30, line 13, leave out ("a") and insert ("an") 
  
BY THE LORD CHANCELLOR
THE LORD GOODHART
THE BARONESS HAMWEE
 
99     Page 30, line 13, leave out from ("company") to end of line 14 
  
BY THE LORD KINGSLAND
 
100     Page 30, line 14, leave out ("a") and insert ("an") 
  
BY THE LORD CHANCELLOR
 
101     Page 30, leave out lines 17 to 25 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
102     Page 30, line 17, leave out subsections (4) to (6) 
  
BY THE LORD KINGSLAND
 
103     Page 30, line 20, leave out ("a") and insert ("an") 
104     Page 30, line 24, leave out first ("a") and insert ("an") 
105     Page 30, line 27, leave out ("a") and insert ("an") 
106     Page 30, line 28, leave out ("a") and insert ("an") 
107     Page 30, line 30, leave out ("a") and insert ("an") 
  
BY THE LORD CHANCELLOR
 
108     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 19 February 2001