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Amendment Of Reserve And Auxiliary Forces (Protection Of Civil Interests) Act 1951

Volume 990: debated on Thursday 7 August 1980

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Lords amendment: No. 50, after clause 38, in page 38, line 8, at end insert—

"A.—(1) The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 shall be amended in accordance with this section.
(2)In section 15 (protection of tenure of certain premises), after subsection (1) insert the following subsection—
"(1A) This section does not apply in relation to any tenancy entered into after the commencement of section 53 of the Tenants' Rights, Etc. (Scotland) Act 1980".
(3)In section 16 (protection of tenure of premises not falling under section 15)—
  • (i)in subsection (2Xc) the words from "and" to the end are repealed;
  • (ii)for subsections (3) to (8) substitute the following subsections—
  • "(3) The rent for any rental period (that is to say, a period in respect of which an instalment of rent falls to be paid) shall be the amount payable for the last rental period before thend of the tenancy, but subject to adjustment from time to time in accordance with section 22 or 23 of the Rent (Scotland) Act 1971 (adjustment, with respect to rates, services and furniture, of recoverable rent for statutory periods before registration).
    (4) Subsection (3) above has effect subject to any agreement between the parties for the payment of a lower rent; and where a lower rent is agreed it shall not be increased in accordance with the said section 22 or 23 but may, notwithstanding anything in any other enactment, be increased by agreement in writing between the parties up to an amount not exceeding the amount of rent provided for in subsection (3) above.".
    (4)In section 17(2)(b) (provisions supplementary to section 16 where the accommodation is shared other than with the landlord) for "(5) to (8)" substitute "(3) and (4)".
    (5)In section 18(2) (protection of tenure in connection with employment, under a licence or a rent-free letting) for "(5) to (8)" substitute "(3) and (4)".
    (6)Section 19(5) (limitation on application of Rent Acts—heritable securities) is repealed."

    I beg to move, That this House doth agree with the Lords in the said amendment.

    Lords amendment No. 50 amends the Reserves and Auxiliary Forces (Protection of Civil Interests) Act 1951 to take account of changes to the Rent Acts in the current Bill. That Act was concerned with the protection, in a variety of ways, of people called up in an emergency who might not have an opportunity to get their legal affairs in order before such call-up. It is right that the changes in the Rent Acts extending protection should also apply to such persons. These amendments cover the matter.

    Question put and agreed to.