Moved by
Lord Greenhalgh
203: Clause 128, page 132, line 31, after “scheme” insert “to be maintained by the Secretary of State, or a person designated by the Secretary of State and acting on the Secretary of State’s behalf,”
Member’s explanatory statement
This amendment is a drafting change.
204: Clause 128, page 132, line 32, at end insert—
“(1A) A scheme may be established for any purpose connected with—
(a) securing the safety of people in or about buildings in relation to risks arising from buildings, or
(b) improving the standard of buildings,
including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.”
Member’s explanatory statement
This amendment sets out the purposes for which a scheme may be established.
205: Clause 128, page 132, line 35, at end insert “, and
(b) the conditions that an eligible person must meet in order to become, and remain, a member of the scheme (“membership conditions”),
and may provide for different categories of membership.”
Member’s explanatory statement
This amendment provides that scheme membership conditions are to be contained in regulations.
206: Clause 128, page 132, line 36, leave out subsections (3) and (4) and insert—
“(3) The membership conditions that may be prescribed include in particular conditions relating to—
(a) the remedying of defects in buildings with which an eligible person has a connection of a prescribed kind;
(b) the making of financial contributions towards meeting costs associated with remedying defects in buildings (including buildings with which an eligible person has no connection);
(c) the use (or use in prescribed cases) of construction products (or construction products of a prescribed description) of prescribed persons carrying out activities in relation to construction products;
(d) the provision of information to the Secretary of State or any other person;
(e) the competence or conduct of any individual connected with an eligible person (for example, any director or senior manager of an eligible person) or any person with whom an eligible person contracts;
(f) whether persons with whom an eligible person contracts are members of a scheme.
In paragraph (e) “conduct” includes conduct occurring before the coming into force of this section.
(4)The descriptions of persons prescribed by virtue of subsection (3)(c) may in particular be prescribed by reference to—
(a) being eligible to be members of a scheme and not being members of that scheme;
(b) their conduct in relation to remedying defects in buildings or contributing to costs associated with remedying defects in buildings.
(4A) The membership conditions that may be prescribed by virtue of subsection (3)(c) include in particular a condition requiring an eligible person to ensure that no prescribed product of prescribed persons carrying out activities in relation to construction products is used in prescribed cases.”
Member’s explanatory statement
This amendment sets out various matters that may, in particular, be the subject of membership conditions for a scheme established under this Clause.
207: Clause 128, page 133, line 6, at end insert—
“(6) Regulations may make provision about the keeping and publication of other lists.”
Member’s explanatory statement
This amendment provides that regulations may make provision about the keeping and publication of other lists.