Moved by
Lord Greenhalgh
139: Schedule 9, page 225, line 10, at end insert—
““joint venture” includes a partnership (as defined by section 123);”
Member’s explanatory statement
This amendment defines “joint venture” for the purposes of the Schedule.
140: Schedule 9, page 225, line 10, at end insert—
““prescribed” means prescribed by regulations made by the Secretary of State;”
Member’s explanatory statement
This amendment defines “prescribed” for the purposes of the Schedule.
141: Schedule 9, page 225, line 25, at end insert—
“(2) The definition of “service charge” applies in relation to a lease of premises that do not include a dwelling as it applies in relation to a lease of a dwelling.”
Member’s explanatory statement
This amendment ensures that the definition of “service charge” works for leases of premises that do not include a dwelling (as to which, see the next amendment in the name of the Minister).
142: Schedule 9, page 225, line 26, at end insert—
“(A1) This paragraph applies in relation to a lease of any premises in a relevant building.”
Member’s explanatory statement
This amendment extends the leases to which this paragraph applies.
143: Schedule 9, page 225, line 27, leave out “a qualifying lease” and insert “the lease”
Member’s explanatory statement
This amendment is consequential on the preceding amendment in the name of the Minister.
144: Schedule 9, page 225, line 30, leave out “or has at any time been”
Member’s explanatory statement
This amendment is a drafting change.
145: Schedule 9, page 225, line 34, after “was” insert “, or was in a joint venture with,”
Member’s explanatory statement
This amendment extends the persons responsible for a defect to persons who were in a joint venture with the developer.
146: Schedule 9, page 225, line 35, leave out “carried out” and insert “undertook or commissioned”
Member’s explanatory statement
This amendment provides that the persons responsible for a defect include a person who undertook or commissioned the works in question.
147: Schedule 9, page 225, line 36, leave out “carried out” and insert “undertook or commissioned”
Member’s explanatory statement
This amendment provides that the persons responsible for a defect include a person who undertook or commissioned the works in question.
148: Schedule 9, page 226, line 1, leave out from “who” to second “building” in line 2 and insert “undertook or commissioned the construction or conversion of the building (or part of the”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 26.
149: Schedule 9, page 226, line 5, leave out from “a” to end of line 7 and insert “defect which is a relevant defect by virtue of section 122(3)(a);”
Member’s explanatory statement
This amendment is consequential on amendments to Clause 122 in the name of the Minister.
150: Schedule 9, page 226, line 8, leave out “, in relation to a qualifying lease,”
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 26.
151: Schedule 9, page 226, line 11, leave out paragraph 3
Member’s explanatory statement
This amendment is consequential on the amendment in the name of the Minister at page 225, line 26.