Moved by
Lord Grimstone of Boscobel
9: Clause 27, page 15, line 17, leave out subsection (2) and insert—
“(2) A business tenancy is adversely affected by a closure requirement for the purposes of subsection (1) if—
(a) the whole or part of a business carried on at or from the premises comprised in the tenancy, or
(b) the whole or part of those premises,
is of a description subject to a closure requirement imposed at any time after 7 August 2021.
(2A) In this section “closure requirement” means a requirement imposed by regulations as a public health response to coronavirus and expressed as an obligation—
(a) to close businesses, or parts of businesses, of a specified description, or
(b) to close premises, or parts of premises, of a specified description.
(2B) In subsection (2A) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(2C) The power under this section is exercisable whether or not the closure requirement remains in force when the regulations are made.
(2D) Subsections (3) to (5) of section 4 apply for purposes of this section as they apply for purposes of section 4.”
Member’s explanatory statement
The amendment would clarify the meaning of terms used in Clause 27 and bring its drafting more in line with corresponding provisions of Clause 4. It would also ensure that the Clause 27 power is exercisable in relation to new closure requirements imposed before the Bill is enacted as well as any imposed subsequently.