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 112
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
198     Leave out Clause 112 and insert the following new Clause-- 
     ("  .--(1)  Section 4 of the 1993 Act is amended as follows.
 
    (2)  In subsection (1)--
    (a)  omit "neither";
    (b)  for "residential" substitute "non-residential";
    (c)  for "nor (ii)" substitute "(ii) not";
    (d)  for "10 per cent" substitute "25 per cent".
    (3)  For subsection (2), substitute--
        (2)  For the purpose of calculating the internal floor area of the premises, any part of the premises used as a garage or parking area or for storage shall be disregarded."&#M10;&#M10;")
Non-residential premises.
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 112 stand part of the Bill. 
  
After Clause 112
 
  
BY THE EARL OF CAITHNESS
 
199     Insert the following new Clause-- 
     ("  .--(1)  In any property where there is a non-residential element, the landlord may serve a counter-notice.
 
    (2)  The landlord in such a case shall be obliged to offer a 999 year lease of all the residential areas to the RTE company.
 
    (3)  Notwithstanding such a lease, the RTE company will have full rights to manage the residential area.
 
    (4)  The 999 year lease shall include suitable mutually enforceable covenants which may be specified in regulations.")
Counter-notice and lease.
  
Clause 113
 
  
BY THE LORD KINGSLAND
 
200     Page 53, line 14, at end insert--
 
    ("(  )  In section 5(2)(c) of the 1993 Act, omit "at a low rent or for a particularly long term".")
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 113 stand part of the Bill. 
  
Clause 114
 
  
BY THE LORD KINGSLAND
 
201     Page 53, line 28, after ("occupied") insert ("the premises, or") 
202     Page 53, leave out line 31 and insert ("the date on which notice is given under section 13") 
203     Page 53, line 31, at end insert--
 
    ("(  )  In subsection (2), for "subsection (1)(b)(ii)" there is substituted "subsection (1)(b)".
 
    (  )  For subsection (3), there is substituted--
        (3)  In paragraphs (b) and (c) of subsection (1) and paragraph (b) of subsection (2) any reference to a flat includes a reference to a unit (other than a flat) which is used as a dwelling".")
 
204     Page 53, line 33, leave out ("subsection (1) applies") and insert ("subsections (1) and (2) shall apply") 
205     Page 53, line 35, after ("(b)") insert ("of each of those subsections") 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 114 stand part of the Bill. 
  
Clause 116
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
THE LORD KINGSLAND
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 116 stand part of the Bill. 
  
Clause 118
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
205A     Page 54, line 16, at beginning insert ("Subject to subsection (1A),") 
  
BY THE LORD HODGSON OF ASTLEY ABBOTTS
 
205B     Page 54, line 18, after "guarantee" insert "or a limited company" 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
205C     Page 54, line 22, at end insert--
 
    ("(1A)  A limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 is a RTE company in relation to premises if--
    (a)  these are not more than ten qualifying tenants of flats comprised in the premises, and
    (b)  an agreement between the members of the limited liability partnership states that its object, or one of its objects, is the exercise of the right to collective enfranchisement with respect to the premises.
    (1B)  In this section and section 4B references to a company include a limited liability partnership which is a RTE company".")
 
  
BY THE LORD CHANCELLOR
 
206     Page 54, line 24, leave out ("is already") and insert ("which is") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
207     Page 54, line 28, at end insert--
        ("(3)  A company which is a RTM company may not become a RTE company except by a resolution passed with the affirmative vote or written consent of all its members.
        (4)  In this Part, "RTM company" has the same meaning as in Chapter I of Part III of the Commonhold and Leasehold Reform Act 2001.")
 
  
BY THE LORD CHANCELLOR
 
208     Page 54, line 28, at end insert--
 
("has given a notice under section 13 with respect to the premises, or any premises containing or contained in the premises, and the notice continues in force in accordance with subsection (11) of that section.")
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
209     Page 54, line 29, leave out ("Subject as follows,") 
210     Page 54, leave out lines 33 to 40 
  
BY THE EARL OF CAITHNESS
 
211     Page 55, leave out lines 1 to 4 
  
BY THE LORD KINGSLAND
 
212     Page 55, line 17, leave out ("14") and insert ("28") 
213     Page 55, line 20, leave out subsection (7) and insert--
 
    ("(7)  A member who is a personal representative of a deceased participating member is a participating member unless, within the period of 56 days beginning with the date of death of the participating member, he gives to the company a notice stating he does not wish to be a participating member.")
 
  
BY THE LORD CHANCELLOR
 
214     Page 55, leave out lines 22 to 25 and insert ("if, at any time, they give a participation notice to the company.") 
  
BY THE LORD KINGSLAND
 
214A     Page 55, line 25, at end insert--
        ("(  )  No member may withdraw from the RTE company after giving a notice of participation before the end of the participation period.")
 
  
BY THE LORD CHANCELLOR
 
215     Page 55, leave out lines 29 to 35 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
215A     Page 56, line 1, at beginning insert--
 
    ("(  )  This section applies to a company which is a RTE company.")
 
215B     Page 56, line 21, at end insert--
 
    ("4D.--(1)  This section applies to a limited liability partnership which is a RTE company.
 
    (2)  The Secretary of State shall by regulations make provisions about the form and content of any such agreement as is mentioned in section 4A(1A)(c).
 
    (3)  The regulations may include provision which is to have effect for a RTE company whether or not it is adopted by the company.
 
    (4)  A provision of an agreement between the members of a RTE company has no effect to the extent that it is inconsistent with the regulations."")
 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 118 stand part of the Bill. 
  
Clause 119
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
216     Page 56, line 26, after ("company") insert (", or qualifying tenants intending to form and become participating members of a RTE company,") 
217     Page 56, line 43, leave out ("and those costs") 
  
BY THE LORD RICHARD
 
217A     Page 56, line 43, at end insert ("save where the qualifying tenant of the flat is the reversioner") 
  
BY THE LORD CHANCELLOR
 
218     Page 56, line 45, leave out from ("company") to end of line 7 on page 57 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
219     Page 57, line 4, at end insert (", and
    (f)  if the intention to form the RTE company is conditional upon a certain number of qualifying tenants to whom the notice of invitation to participate is given accepting that invitation, state what that number is")
 
  
After Clause 120
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
220     Insert the following new Clause-- 
     ("  .  After section 34 of the 1993 Act insert--Covenants on conveyance of part of building.
 <~et>Covenants on conveyance of part of building.     34A.--(1)  This section applies to a conveyance executed for the purposes of this Chapter of a self-contained part of a building if it does not constitute a vertical division of the building or if the structure of the building is such that it could not be redeveloped independently of the remainders of the building.
 
    (2)  A conveyance to which this section applies shall include such covenants (including positive covenants) enforceable by and against the parties to the conveyance and their successors in title as may be prescribed."")
 
  
Schedule 8
 
  
BY THE LORD CHANCELLOR
 
221     Page 84, line 7, leave out from ("company;"") to end of line 10 
  
Clause 121
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill. 
  
After Clause 121
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
222     Insert the following new Clause-- 
      ("  .  After section 36 of the 1993 Act insert--Lease back of non-residential premises.
 Lease back of non-residential premisies.     36A.--(1)  A RTE company may require the person from whom the freehold is acquired to take a lease of any part or parts of the premises to which section 4(1)(a) applies.
 
    (2)  Subsections (2) to (4) of section 36 shall apply to a lease under this section as if the words "flat or other" had been omitted from subsection (3).
 
    (3)  Part IV of Schedule 9 has effect with respect to the term of a lease granted under this section."")
 
  
Clause 122
 
  
BY THE LORD KINGSLAND
 
222A     Page 57, line 21, leave out from ("payable),") to end of line 22 and insert ("in paragraph 1(1), for the definition of "the valuation date" insert--
      the valuation date" means the date of service of the reversioner's counter-notice."")
 
  
After Clause 122
 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
223     Insert the following new Clause-- 
  
        ("  .  In Schedule 6 to the 1993 Act, omit--
      (a)  paragraph 2(1)(b);
      (b)  paragraph 4;
      (c)  paragraph 5A(2)(b);
      (d)  paragraph 5C;
      (e)  paragraphs 9 and 9A;
      (f)  paragraph 10(1)(b);
      (g)  paragraph 12;
      (h)  paragraphs 15 and 16; and
      (i)  paragraphs 19 and 20.")
Abolition of marriage values.
  
BY THE LORD KINGSLAND
 
223A     Insert the following new Clause-- 
  
        ("  .  In paragraph 2(1) of Schedule 6 to the 1993 Act at the end insert--
      (d)  a sum equivalent to the interest accruing at the base rate applied by the London clearing banks at the time to a principal sum which is equivalent to the aggregate sum of the values derived from sub-paragraphs (a) to (c) above during the period between the valuation date and the date of the completion of the transaction."")
Interest on payable on purchase price.
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 21 March 2001