Moved by
Lord Bates
62: Clause 37, page 23, line 35, at end insert—
“(5A) It is a defence for a person charged with an offence under subsection (1) to prove that—
(a) the person has taken reasonable steps to terminate the residential tenancy agreement, and
(b) the person has taken such steps within a reasonable period beginning with the time when the person first knew or had reasonable cause to believe that the premises were occupied by the adult mentioned in subsections (2) and (3).
(5B) In determining whether subsection (5A)(a) or (b) applies to a person, the court must have regard to any guidance which, at the time in question, had been issued by the Secretary of State for the purposes of that subsection and was in force at that time.
(5C) Guidance issued for the purposes of subsection (5A)—
(a) must be laid before Parliament in draft before being issued, and
(b) comes into force in accordance with regulations made by the Secretary of State.”