Moved by
Lord Greenhalgh
87: Clause 115, page 119, line 37, leave out “section 30C or 30D” and insert “sections 30C to 30DA”
Member’s explanatory statement
This amendment is consequential on the second amendment in the name of the Minister at page 119, line 36.
88: Clause 115, page 119, line 39, leave out “or 30D”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
89: Clause 115, page 120, line 2, leave out “or 30D”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
90: Clause 115, page 120, line 5, at end insert—
“(2) A covenant or agreement, whether contained in a lease to which section 30D or 30DA applies or in an agreement collateral to such a lease, is void insofar as it purports to modify the effect of section 30D(5A) or 30DA(2).”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
91: Clause 115, page 120, line 8, leave out “section 30C or 30D (implied terms)” and insert “any of sections 30C to 30DA (implied terms etc)”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
92: Clause 115, page 120, line 14, leave out “or 30D(2)”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
93: Clause 115, page 120, line 20, leave out “or 30D(2)”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
94: Clause 115, page 120, line 23, leave out “and Schedule 2”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
95: Clause 115, page 120, leave out lines 26 and 27
Member’s explanatory statement
This amendment is consequential on the amendments in the name of the Minister leaving out Clauses 82 to 86 (which remove provision about building safety managers).
96: Clause 115, page 120, line 35, leave out subsections (3) and (4) and insert—
“(3) After section 20E (inserted by section 134) insert—
“20F Limitation of service charges: excluded costs for higher-risk buildings
(1) This section applies in relation to a lease to which section 30D (higher-risk buildings: building safety costs) applies.
(2) Excluded costs are not to be regarded as relevant costs to be taken into account in determining the amount of service charge payable by a tenant under the lease.
(3) In this section “excluded costs” means any of the following incurred in connection with Part 4 of the Building Safety Act 2022 or regulations made under that Part—
(a) costs incurred or to be incurred by or on behalf of a relevant person solely as a result of any penalty imposed or enforcement action taken by the regulator;
(b) legal costs incurred or to be incurred by or on behalf of a relevant person in connection with special measures order proceedings;
(c) costs incurred or to be incurred by or on behalf of a relevant person by reason of any negligence, breach of contract or unlawful act on the part of that relevant person or a person acting on their behalf;
(d) costs of a description prescribed by regulations made by the Secretary of State that are incurred or to be incurred by or on behalf of an accountable person or special measures manager for the building in connection with the taking of building safety measures.
(4) In this section—
“building safety measures” has the meaning given by section 30D;
“enforcement action” means action taken with a view to, or in connection with—
(a) securing compliance with Part 4 of the Building Safety Act 2022 or regulations made under that Part, or
(b) the imposition of a sanction in respect of a contravention of that Part or those regulations;
“the regulator” has the meaning given by section 118 of the Building Safety Act 2022;
“relevant person” means—
(a) where the landlord under the lease is an accountable person for the higher-risk building, the landlord or a special measures manager for the higher-risk building;
(b) where the landlord is not such an accountable person, any superior landlord who is an accountable person for the higher-risk building or a special measures manager for the higher-risk building;
“special measures order proceedings” means any proceedings relating to the making, variation or discharge of, or the giving of directions in relation to, a special measures order under Schedule 7 to the Building Safety Act 2022 (including any appeals in relation to such proceedings).
(5) Regulations under this section are to be made by statutory instrument.
(6) A power to make regulations includes power to make—
(a) incidental, transitional or saving provision;
(b) different provision for different purposes.
(7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
(4) In section 21 (service charge information) after subsection (6) insert—
“(6A) In particular, regulations which make provision about higher-risk buildings (within the meaning of Part 4 of the Building Safety Act 2022) need not contain provision of a kind mentioned in subsection (2) or (3).”
(4A) In section 30 (meaning of “landlord” and “tenant”)—
(a) after the definition of “landlord” insert—
““services” includes, in relation to a dwelling in a higher-risk building (as defined by section 30H), building safety measures within the meaning of section 30D;”;
(b) in the heading for ““flat”, “landlord” and “tenant”” substitute ““landlord”, “tenant” etc”.”
Member’s explanatory statement
This amendment applies the existing provisions on service charges to costs incurred in respect of building safety measures, provides that certain costs may not be taken into account in calculating service charges, makes provision about service charge information, and makes provision consequential on other amendments to this Clause in the name of the Minister.
97: Clause 115, page 121, line 8, leave out “implied terms relating to building safety charges).”” and insert “building safety costs),
section 30DA (liability for remuneration of building safety director of resident management company etc).””
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
98: Clause 115, page 121, line 9, leave out subsections (6) to (8)
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.
99: Clause 115, page 121, line 24, leave out from “of” to end of line 26 and insert “the Commonhold and Leasehold Reform Act 2002 (application to Crown)—
(a) for “30B” substitute “30H”;”
Member’s explanatory statement
This amendment is consequential on other amendments to this Clause in the name of the Minister.