Commonhold and Leasehold Reform Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 47
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 47 
  
Clause 48
 
  
BY THE LORD CHANCELLOR
 
     Page 21, line 17, leave out lines 17 to 20 and insert--
        ("(1)  At the hearing of the winding-up petition an application may be made to the court for an order under this section (a "succession order") in relation to the insolvent commonhold association.
        (2)  An application under subsection (1) may be made only by-")
 
     Page 21, line 25, leave out ("(2)") and insert ("(1)") 
  
BY THE LORD KINGSLAND
 
     Page 21, line 26, leave out ("prescribed") 
  
BY THE LORD CHANCELLOR
 
     Page 21, line 30, at end insert--
        ("(  ) The court shall grant an application under subsection (1) unless it thinks that the circumstances of the insolvent commonhold association make a succession order inappropriate.")
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 48 
  
Clause 49
 
  
BY THE LORD KINGSLAND
 
     Page 21, line 32, leave out from ("section") to end of line 33 and insert ("and section 50 shall apply") 
     Page 21, line 33, after ("the") insert ("insolvent commonhold") 
     Page 21, line 42, leave out paragraph (c) 
     Page 22, line 1, after ("make") insert ("any other, further,") 
     Leave out Clause 49 
  
Clause 50
 
  
BY THE LORD KINGSLAND
 
     Page 22, line 2, leave out subsection (1) 
     Leave out Clause 50 
  
Clause 51
 
  
BY THE LORD CHANCELLOR
 
     Page 22, line 26, after ("powers),") insert--
      ("(ba)  any notice given to the court and the registrar of companies in accordance with section 172(8) of that Act (liquidator vacating office after final meeting),
      (bb)  any notice given to the Secretary of State under section 174(3) of that Act (completion of winding-up),
      (bc)  any application made to the registrar of companies under section 202(2) of that Act (insufficient assets: early dissolution),
      (bd)  any notice given to the registrar of companies under section 205(1)(b) of that Act (completion of winding-up),")
 
     Page 22, line 28, at end insert--
        ("(  ) Notification under subsection (2)(b) to (bd) must be accompanied by a copy of the directions, notice or application concerned.")
 
     Page 22, line 29, after ("shall") insert--
      ("(a)  make such arrangements as appear to him to be appropriate for ensuring that the freehold estate in land in respect of which a commonhold association exercises functions ceases to be registered as a freehold estate in commonhold land as soon as is reasonably practicable after he receives notification under subsection (2)(ba) to (bd), and
      (b)")  
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 51 
  
Clause 52
 
  
BY THE LORD CHANCELLOR
THE LORD KINGSLAND
 
     Leave out Clause 52 
  
BY THE LORD KINGSLAND
 
     Page 22, line 36, after ("42(3)") insert ("or prescribed by the Court pursuant to section 42(2) for the making of such an application") 
     Page 22, line 38, leave out paragraph (b) 
  
Clause 53
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 53 
  
Clause 54
 
  
BY THE LORD KINGSLAND
 
     Leave out Clause 54 
  
Clause 58
 
  
BY THE LORD CHANCELLOR
 
     Page 25, line 16, at end insert--
        ("(1B)  But subsection (1) does not apply to a transfer if the Registrar is satisfied that the compulsory purchaser has indicated a desire for the land transferred to continue to be commonhold land.")
 
     Page 25, line 22, leave out ("subsection (1)") and insert ("subsections (1) and (1B)") 
  
BY THE LORD KINGSLAND
 
     Page 25, line 30, 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")
 
  
BY THE LORD CHANCELLOR
 
     Page 25, line 31, leave out from ("means") to end of line 32 and insert ("--
      (a)  a person acquiring land in respect of which he is authorised to exercise a power of compulsory purchase by virtue of an enactment, and
      (b)  a person acquiring land which he is obliged to acquire by virtue of a prescribed enactment or in prescribed circumstances.")
 
  
Clause 61
 
  
BY THE LORD CHANCELLOR
 
     Page 26, line 4, leave out ("58(3)") and insert ("58") 
  
BY THE LORD KINGSLAND
 
     Page 26, line 14, at end insert--
        ("(  )  A copy of any regulations made under this Part shall be sent free of charge to each commonhold association and published in electronic format on the Internet before, or within 7 days of, the regulations come into force.")
 
  
Schedule 5
 
  
BY THE LORD CHANCELLOR
 
     Page 76, line 23, at end insert-- 
 ("Insolvency Act 1986 (c. 45) 
 
        . At the end of section 84 of the Insolvency Act 1986 (voluntary winding-up) there shall be added--
        (4)  This section has effect subject to section [Winding-up resolution] of the Commonhold and Leasehold Reform Act 2001."
 
     Page 76, line 46, at end insert-- 
 ("Housing Act 1996 (c. 52) 
     . After section 94(1)(b) of the Housing Act 1996 (provision of advice) there shall be added-- 
 or 
 
      (c)  any aspect of the law of commonhold land, so far as relating to residential matters."")
 
  
Clause 66
 
  
BY THE LORD KINGSLAND
 
     Page 28, line 15, after ("reinstating") insert ("where practicable") 
  
Clause 67
 
  
BY THE LORD CHANCELLOR
 
     Page 28, line 31, at end insert-- 
 
("Declaration of solvency Section (Winding-up resolution)")
 
     Page 29, line 8, at end insert-- 
 
("Termination-statement resolution Section (Winding-up resolution)")
 
     Page 29, line 12, leave out ("41") and insert ("(Winding-up resolution)") 
  
Clause 69
 
  
BY THE LORD KINGSLAND
 
     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")
 
  
Clause 70
 
  
BY THE LORD KINGSLAND
 
     Page 30, line 4, leave out ("a") and insert ("an") 
     Page 30, line 6, leave out ("a") and insert ("an") 
     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") 
     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 aveage service charge and rent payable in respect of the premises in the five years prior to the acquisition date.")
 
     Page 30, line 11, leave out second ("a") and insert ("an") 
     Page 30, line 15, leave out ("a") and insert ("an") 
     Page 30, line 16, leave out ("a") and insert ("an") 
     Page 30, line 18, leave out ("a") and insert ("an") 
  
Clause 71
 
  
BY THE LORD KINGSLAND
 
     Page 30, line 25, leave out subsections (1) and (2) and insert--
 
    ("(1)  The persons who are entitled to be holders of "A" shares in an RTM company shall be qualifying tenants of flats contained in the premises.
 
    (1A)  Any person being--
    (a)  the landlord of the whole or any part of the premises (including mesne landlords, or
    (b)  a management company party to any lease of the premises or any part thereof,
who prior to the acquisition date had the right to manage the premises shall be entitled to be holders of "B" shares in an RTM company.
 
    (1B)  The acquisition date shall be the date on which the RTM company acquired the right to manage.
 
    (1C)  The paid-up capital of a "B" share in an RTM company shall be one pound and no person shall be required to hold more than one "B" share in an RTM company.
 
    (1D)  The holders of "B" shares in an RTM company shall have the right to appoint two directors to the board of directors of the company and the right on a requisition signed by a majority of them to call extraordinary general meetings of the RTM company.
 
    (1E)  The appropriate national authority shall (subject to section 70(2) and the previous subsections hereof) make regulations about the form and content of the memorandum of association and articles of association of RTM companies.
 
    (2)  Such regulations shall be laid before Parliament and shall be subject to an affirmative resolution of both Houses of Parliament.")
 
     Page 30, line 26, leave out ("a") and insert ("an") 
     Page 30, line 34, leave out ("A") and insert ("An") 
     Page 30, line 38, leave out ("a") and insert ("an") 
  
Clause 72
 
  
BY THE LORD KINGSLAND
 
     Page 31, line 8, at end insert ("and is either--
    (a)  an individual residing in the flat, or
    (b)  a company controlled directly or indirectly by an individual residing in the flat or jointly by individuals both or all residing in the flat.")
 
  
Clause 75
 
  
BY THE LORD KINGSLAND
 
     Page 33, line 2, leave out ("a") and insert ("an") 
     Page 33, line 18, at end insert--
 
    ("(4)  If a notice of invitation to participate is not served in accordance with this section, every director and officer of an RTM company at the time of the breach shall be liable on summary conviction to fine not exceeding level 3 on the standard scale.
 
    (5)  If any director or officer of an RTM company intentionally fails to give notice to any qualifying tenant in accordance with this section, such director or officer shall be liable on summary conviction to not more than 3 months imprisonment and a fine not exceeding level 5 on the standard scale.")
 
  
Clause 76
 
  
BY THE LORD KINGSLAND
 
     Page 33, line 19, leave out ("a") and insert ("an") 
     Page 33, line 20, after ("person") insert ("who has a right to manage the premises or any part thereof") 
     Page 33, line 22, leave out paragraphs (a) and (b) 
     Page 33, line 22, after ("his") insert ("knowledge,") 
     Page 33, line 23, leave out paragraph (b) and insert--
    ("(b)  as to the matters required by section 78(3) and (4) to be stated in a claim notice")
 
     Page 33, line 37, at end insert--
 
    ("(4)  A failure without reasonable excuse to comply with such a notice shall be an offence, punishable on summary conviction with a fine not exceeding level 3 on the standard scale.")
 
  
Clause 77
 
  
BY THE LORD KINGSLAND
 
     Page 34, line 1, leave out ("a") and insert ("an") 
  
Clause 79
 
  
BY THE LORD KINGSLAND
 
     Page 35, line 21, leave out ("a") and insert ("an") 
  
Clause 80
 
  
BY THE LORD KINGSLAND
 
     Page 35, line 28, leave out ("a") and insert ("an") 
 
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Prepared 6 April 2001