Lord Gascoigne:

Moved by Lord Gascoigne

54: Clause 61, page 79, line 20, at end insert—“(6A) See section 20CB for powers of the appropriate authority to provide for other exceptions to subsection (1).”Member’s explanatory statementThis amendment would signpost the new section 20CB.

55: Clause 61, page 80, line 30, at end insert—“20CB Section 20CA: powers to provide for exceptions(1) The appropriate authority may by regulations provide for circumstances in which—(a) section 20CA(1) does not apply, or(b) the effect of section 20CA(1) is to be suspended until an event of a specified description occurs.(2) The circumstances may include, among other things, that—(a) the litigation costs,(b) the relevant proceedings, or(c) the landlord,are of a specified description.(3) Where, by virtue of regulations under subsection (1)(b), the effect of section 20CA(1) is suspended until an event of a specified description occurs—(a) section 20CA(1) does not have effect before the event, but(b) section 20CA(1) does have effect on or after the event in relation to a variable service charge paid or payable before the event.(4) Accordingly, if—(a) a variable service charge was paid before the event, and(b) the landlord’s litigation costs were regarded as relevant costs to be taken into account in determining the amount of that charge until the event because the effect of section 20CA(1) was suspended,the landlord may retain the amount of those costs after the event only if the relevant court or tribunal makes an order under section 20CA(2) in relation to that charge.(5) In this section— “litigation costs” ,“relevant proceedings” and“the relevant court or tribunal” have the same meaning as in section 20CA;“specified” means specified in regulations under this section.(6) Regulations under this section—(a) are to be made by statutory instrument;(b) may make provision generally or only in relation to specific cases;(c) may make different provision for different purposes;(d) may include supplementary, incidental, transitional or saving provision.(7) A statutory instrument containing regulations under this section (whether alone or with other provision) is subject to the affirmative procedure.”Member’s explanatory statementThis amendment would introduce a new section 20CB to allow the appropriate authority (subject to the affirmative procedure) to make further exceptions to new section 20CA(1), and to provide for the effect of new section 20CA(1) to be suspended in certain circumstances.

56: Clause 61, page 80, line 36, at end insert—“(5A) In section 178(4) (orders and regulations), after “171” insert “, paragraph 5C of Schedule 11”.”Member’s explanatory statementThis amendment would make regulations under the new paragraph 5C of Schedule 11 subject to the affirmative procedure.

57: Clause 61, page 81, line 28, at end insert—“(5A) See paragraph 5C for powers of the appropriate national authority to provide for other exceptions to sub-paragraph (1).”Member’s explanatory statementThis amendment would signpost the new paragraph 5C.

58: Clause 61, page 82, line 38, at end insert—“Paragraph 5B: powers to provide for exceptions5C (1) The appropriate national authority may by regulations provide for circumstances in which—(a) paragraph 5B(1) does not apply, or(b) the effect of paragraph 5B(1) is to be suspended until an event of a specified description occurs.(2) The circumstances may include, among other things, that—(a) the litigation costs,(b) the relevant proceedings, or(c) the landlord,are of a specified description.(3) Where, by virtue of regulations under sub-paragraph (1)(b), the effect of paragraph 5B(1) is suspended until an event of a specified description occurs—(a) paragraph 5B(1) does not have effect before the event, but(b) paragraph 5B(1) does have effect on or after the event in relation to an administration charge paid or payable before the event.(4) Accordingly, if an administration charge was paid before the event in respect of the landlord’s litigation costs because the effect of paragraph 5B(1) was suspended, the landlord may retain the amount of that charge after the event only if the relevant court or tribunal makes an order under paragraph 5B(2) in relation to that charge. (5) In this paragraph—“litigation costs” ,“relevant proceedings” and“the relevant court or tribunal” have the same meaning as in paragraph 5B;“specified” means specified in regulations under this paragraph.”Member’s explanatory statementThis amendment would introduce a new paragraph 5C to allow the appropriate authority (subject to the affirmative procedure) to make further exceptions to new paragraph 5B(1), and to provide for the effect of new paragraph 5B(1) to be suspended in certain circumstances.

Amendments 54 to 58 agreed.

Clause 84: Enforcement of section 83