Clause 287 — Shared ownership leases: protection for hard to replace houses

Orders of the Day – in the House of Commons at 8:45 pm on 31st March 2008.

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Amendments made: No. 33, in page 121, line 6, after '3', insert 'or 3A'.

No. 34, in page 121, line 8, leave out 'sub-paragraph (2) of that paragraph' and insert 'sub-paragraph (1A);

(aa) any provision in the lease for the tenant to acquire the landlord's interest provides for the tenant to acquire the interest on terms specified in the lease and complying with such requirements as may be prescribed;

(ab) the lease meets any other prescribed conditions;

(ac) the lease does not fall within any prescribed exemptions'.

No. 35, line 10, at end insert—

'(1A) The conditions referred to in sub-paragraph (1)(a) are that the lease—

(a) was granted for a term of 99 years or more and is not (and cannot become) terminable except in pursuance of a provision for re-entry or forfeiture;

(b) was granted at a premium, calculated by reference to the value of the house or the cost of providing it, of not less than 25 per cent, or such other percentage as may be prescribed, of the figure by reference to which it was calculated;

(c) provides for the tenant to acquire additional shares in the house on terms specified in the lease and complying with such requirements as may be prescribed;

(d) does not restrict the tenant's powers to mortgage or charge his interest in the house;

(e) if it enables the landlord to require payment for outstanding shares in the house, does so only in such circumstances as may be prescribed; and

(f) states the landlord's opinion that by virtue of this paragraph the lease is excluded from the operation of this Part of this Act.'.

No. 36, line 24, leave out 'paragraph 3(2)' and insert 'sub-paragraph (1A)'.

No. 37, line 25, leave out 'paragraph 3(2)(g)' and insert 'paragraph (f) of that sub-paragraph'.

No. 38, leave out lines 30 to 32.

No. 39, line 41, at end insert—

'(2) In paragraph 5 of that Schedule to that Act (power to prescribe matters by regulations)—

(a) in sub-paragraph (1) for "Secretary of State" substitute "appropriate national authority", and

(b) in sub-paragraph (2)—

(i) in paragraph (b) for "Secretary of State" substitute "appropriate national authority",

(ii) after "which" insert ", in the case of regulations made by the Secretary of State," and

(iii) after "Parliament" insert "and, in the case of regulations made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales".

(3) After paragraph 6 of that Schedule to that Act (interpretation) insert—

"7 In this Schedule "appropriate national authority" means—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the Welsh Ministers."'.— [Liz Blackman.]

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