Clause 54 - Crown application

Renters (Reform) Bill – in a Public Bill Committee at 2:15 pm on 28 November 2023.

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Amendments made: 97, in clause 54, page 55, line 15, leave out “(4), this Part” and insert “(4D), this Act”.

This amendment provides for a default rule which will have the effect that, subject to any specific provision about them, the new clauses which make freestanding provision in the Bill will bind the Crown. This is intended to mean that the Crown will be bound by the new clauses containing prohibitions on discriminatory practices in relation to tenancies and (subject to exceptions in Amendment 98 for powers of entry) the new investigatory powers.

Amendment 98, in clause 54, page 55, line 30, at end insert—

“(4A) Sections (

(4B) Nothing in section (

(4C) The High Court may declare unlawful any act or omission for which the Crown would be criminally liable under section (

(4D) An amendment or repeal made by this Act binds the Crown to the extent that the provision amended or repealed binds the Crown (but in the case of an amendment of the 1988 Act, this is subject to the amendments made by section 13).”

This amendment provides that the new clauses conferring powers of entry do not bind the Crown. It also provides that the offences applying in relation to the new clauses about requiring information do not make the Crown criminally liable (but can lead to a declaration of unlawfulness) and deals with Crown application of amendments made by the Bill to other legislation.

Amendment 99, in clause 54, page 55, line 31, leave out

“Subsection (2) does not affect”

and insert

“Nothing in this section affects”.—(Jacob Young.)

This amendment is consequential on Amendment 98.

Clause 54, as amended, ordered to stand part of the Bill.


That clause 54 be transferred to the end of line 30 on page 61. —(Jacob Young.)

This amendment is consequential on Amendment 97. It moves clause 54 into Part 5 of the Bill (general provisions). This is necessary because once clause 54 deals with the application to the Crown of new provisions added to the Bill, it will no longer relate only to Part 2, and therefore needs to be moved out of that Part.