New Clause 3 — Insolvency protection

Parliamentary Elections (Recall and Primaries) – in the House of Commons at 8:30 pm on 13 October 2009.

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Votes in this debate

'(1) The Housing Grants, Construction and Regeneration Act 1996 (c.53) is amended as follows.

(2) After section 113 insert-

"113A Insolvency protection

(1) A party to a construction contract may at any time request the other party to provide adequate security including bank guarantees and bonds in respect of payments of the contract price, including the price of any varied or additional works.

(2) Where a party fails to provide the adequate security as requested under subsection (1), the party making the request has the right to suspend any or all of his obligations under the construction contract with the party in default.

(3) The right may not be exercised without first giving to the party in default at least seven days' notice of intention to suspend performance, stating that performance will be suspended unless, in the meantime, the security requested under subsection (1) is provided.

(4) The right to suspend performance ceases when the party in the default makes available the security requested under subsection (1).

(5) The consequences of the exercise of the right of the suspension under subsection (2) are as set out in subsections (3A) and (4) in section 112."'.- (Mr. Llwyd.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

The House proceeded to a Division.

Photo of Sylvia Heal Sylvia Heal Deputy Speaker

I ask the Serjeant at Arms to investigate the delay in the No Lobby.

The House having divided: Ayes 195, Noes 265.

Division number 213 Parliamentary Elections (Recall and Primaries) — New Clause 3 — Insolvency protection

Aye: 197 MPs

No: 265 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Question accordingly negatived.