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Lord Kingsland moved Amendment No. 43:

The noble Lord said: I can deal with this very briefly. This amendment is consequent upon and consistent with other proposed amendments which have been discussed earlier, in particular with the proposed omission of Clause 17 and the proposed amendments to Clauses 20 and 21. I beg to move.

Lord McIntosh of Haringey: I shall be equally telegraphic, to use the phrase of the noble Lord, Lord Kingsland. Clause 30(5) provides that inter alia the duty in Clause 30(3)(b) may include in particular subsection 5(e) a duty to

    "refrain from entering into transactions of a specified kind in relation to a commonhold unit".

The amendment would add the words,

    "otherwise than in accordance with, and subject to, the provisions of the commonhold community statement".

That is already provided for. You can prevent it happening. If you can prevent someone from doing something completely, as you can under the Bill, you do not need to add conditions as to how he does it.

Lord Kingsland: I am obliged to the Minister and in the circumstances I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Kingsland moved Amendment No. 44:

    Page 13, line 8, after ("interest") insert ("and costs of recovery").

The noble Lord said: The amendment would enable the commonhold association to recover the costs of pursuing a late payer as well as charge interest on the late payment. There does not appear to be any provision elsewhere in the Bill to ensure that the commonhold association is not bound to bear its own costs if it is forced to pursue one of the unit holders for payment. It is surely unfair that the commonhold community as a whole should have to pay the extra cost involved when one of its number refuses to meet his obligations. I beg to move.

Baroness Gardner of Parkes: In supporting my noble friend Lord Kingsland, I wish to speak also to Amendment No. 65, which I have tabled. It is extremely unfair that there are always some people who are late payers, whether it be in leasehold property or in commonhold. It is unfair on others that that should be the case. I certainly believe that interest payments should be claimable.

Lord Monson: This is very sensible pair of amendments. Most of us know from our business experience how incredibly time consuming and expensive it can be to recover money-- often quite small sums--from people who for the most part are well able to pay but are simply too lazy to do so.

Baroness Hamwee: I am sorry to disrupt the harmony of the Committee, but I am afraid that we do

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not support the amendment. We feel that it is not appropriate to change on a piecemeal basis broad provisions of the law such as those dealing with the pursuit of debts. There are well understood provisions for recovering debts and they should apply in the usual way.

Lord McIntosh of Haringey: The first amendment, Amendment No. 44, would add to the existing provision for the collection of interest in the case of late payment of money owing under a provision of the CCS a provision to collect the costs of recovery. That is not necessary. Clause 36(2)(d) provides that where work is carried out in consequence of the failure to perform a duty, the costs of that work may be recovered. As the calculating and the collection of interest would be work, the new words are unnecessary.

A similar answer applies to Amendment No. 65. Clause 36(2)(b) provides for provision to be made requiring compensation to be paid when a duty arising under the CCS is not complied with. We had in mind

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non-payment or late payment of money due from the unit holder to the commonhold association as one of the types of duty to which this provision would apply. My view is that it is not necessary to provide for it specifically in this place.

Lord Kingsland: I am most grateful to the Minister for accepting the principle of the amendment. I shall look at the other parts of the Bill to which he referred me to make sure that they cover the problem that I sought to address. Meanwhile, I beg to withdraw the amendment.

Amendment, by leave, withdrawn.

Lord Bach: This may be a convenient time for the Committee to adjourn until Tuesday, 27th February at 3.30 p.m.

The Deputy Chairman of Committees: The Committee stands adjourned until Tuesday, 27th February at 3.30 p.m.

        The Committee adjourned at twenty-two minutes before eight o'clock.

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