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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 Second Marshalled List of Amendments to the Commonhold and Leasehold Reform Bill [H.L.] to be moved in Grand Committee in the House of Lords.

 The amendments have been marshalled in accordance with the Instruction of 14th February 2001, as follows-- 
 Clauses 30 to 56
Schedule 4
Clauses 57 to 65
Schedule 5
Clauses 66 to 69
Schedule 6
Clauses 70 to 99
Schedule 7
Clauses 100 to 120
Schedule 8
Clauses 121 to 138
Schedule 9
Clauses 139 to 141
Schedule 10
Clauses 142 to 148
Schedule 11
Clauses 149 and 150
Schedule 12
Clauses 151 to 154
Schedule 13
Clauses 155 to 157
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 30
 
  
BY THE LORD KINGSLAND
 
45     Page 13, line 12, at beginning insert ("Save as provided in section 36,") 
46     Page 13, line 12, leave out ("not") 
  
Clause 31
 
  
BY THE LORD KINGSLAND
 
     The Lord Kingsland gives notice of his intention to oppose the Question that Clause 31 stand part of the Bill. 
  
Clause 33
 
  
BY THE LORD KINGSLAND
 
47     Page 14, line 37, leave out subsection (2) 
  
Schedule 3
 
  
BY THE LORD KINGSLAND
 
48     Page 72, line 39, leave out paragraph 2 
49     Page 72, line 40, at end insert ("whether by way of variation of the form set out in Part IV of this Schedule or otherwise") 
  
Clause 34
 
  
BY THE LORD BRENNAN
 
50     Page 15, line 8, after ("if") insert ("this will not involve any significant financial disadvantage to the other unit holders and") 
  
BY THE LORD GOODHART
THE BARONESS HAMWEE
 
51     Page 15, line 9, leave out from ("of") to ("and") in line 10 and insert ("the commonhold association") 
  
BY THE LORD BRENNAN
 
52     Page 15, line 11, after ("have") insert ("particular") 
  
BY THE LORD KINGSLAND
 
53     Page 15, line 13, at end insert--
    ("provided that if the unit-holder in default is a director, that director shall be disqualified from taking part in any deliberation and decision as to the action to be taken or not taken for as long as he is in default")
 
54     Page 15, line 13, at end insert--
 
    ("(  )  In discharging their duty under this section, the directors of a commonhold association shall at all time act in the best interests of the commonhold association as a whole.")
 
  
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 RICHARD
 
83A     Page 29, line 27, at end insert ("or a number of buildings comprising an estate") 
  
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
THE LORD KINGSLAND
 
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.")
 
  
BY THE LORD RICHARD
 
89A     Page 30, line 3, at end insert--
 
    ("(  )  Estate" is a group of buildings sharing common arrangements and a common service charge where the relevant proportion of the service charge in respect of each flat totals 100 per cent. of the charge for the whole estate.
 
    (  )  In cases where the estate is designated under the leases as a retirement estate and the estate comprises or contains individual leasehold houses included with the estate management arrangements, the houses shall be included as premises to which this Chapter applies.")
 
 
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Prepared 26 February 2001