Moved by
Lord Greenhalgh
127: Clause 122, page 129, line 10, leave out “means a defect as regards a building” and insert “, in relation to a building, means a defect as regards the building”
Member’s explanatory statement
This amendment is a drafting change.
128: Clause 122, page 129, line 11, leave out “including” and insert “or”
Member’s explanatory statement
This amendment is a drafting change.
129: Clause 122, page 129, line 14, leave out from “means” to end of line 19 and insert “any of the following—
(a) works relating to the construction or conversion of the building, if the construction or conversion was completed in the relevant period;
(b) works undertaken or commissioned by or on behalf of a relevant landlord or management company, if the works were completed in the relevant period;
(c) works undertaken after the end of the relevant period to remedy a relevant defect (including a defect that is a relevant defect by virtue of this paragraph).
“The relevant period” here means the period of 30 years ending with the time this section comes into force.
(3A) In subsection (2) the reference to anything done (or not done) in connection with relevant works includes anything done (or not done) in the provision of professional services in connection with such works.”
Member’s explanatory statement
This amendment makes drafting changes, provides that “relevant works” includes works undertaken to remedy a relevant defect (which means that a defect resulting from those works is capable of being a “relevant defect”), and ensures that professional services are covered (so a defect resulting from such services is capable of being a “relevant defect”).
130: Clause 122, page 129, leave out lines 25 and 26 and insert—
““conversion” means the conversion of the building for use (wholly or partly) for residential purposes;”
Member’s explanatory statement
This amendment defines “conversion” for the purposes of this Clause.
131: Clause 122, page 129, line 27, after first “landlord” insert “or management company”
Member’s explanatory statement
This amendment and the next amendment in the name of the Minister change the defined term to “relevant landlord or management company”, bringing in persons who are responsible under a lease for carrying out works.
132: Clause 122, page 129, line 28, at end insert “or any person who is party to such a lease otherwise than as landlord or tenant”
Member’s explanatory statement
See the explanatory statement relating to the previous amendment in the name of the Minister.