Part 4 - Regulation of leasehold Section 60: Duty to provide information about insurance to tenants
Section 60 amends the Schedule to the 1985 Act about rights in relation to insurance. Section 60(2) inserts a Paragraphs 1A and 1B into the Schedule.
	Paragraph 1A(1) makes it clear that sub-paragraph (2) applies where a service charge is payable by a tenant directly or indirectly for insurance. Paragraph 1A (2) details that the landlord must (a) obtain the specified information about the insurance, including requesting it from another person and (b) within a specified period after insurance is affected in relation to the dwelling, provide the information about the insurance to the tenant. Paragraph 1A (2) defines "specified" as meaning specified in regulations made by an appropriate authority.
	Paragraph 1A(3) details that regulations under sub-paragraph (2) may make provision for circumstances where a specified period can be extended.
	Paragraph 1A(4) details that new paragraph 1B makes further provision about requests by the landlord under sub-paragraph (2)(a) where the landlord must obtain information about the insurance, including requesting it from another person.
	Paragraph 1A(5) confers powers on the appropriate authority to make provision, by regulations, on the form and manner in which the information is to be provided. Paragraph 1A (6) states that insurance is "effected" in relation to a dwelling whenever an insurance policy is purchased or renewed in relation to that dwelling.
	Paragraph 1A(7) allows the landlord to charge the tenant for the costs of complying with the duty in sub-paragraph (2).
	Paragraph 1A(8) allows the appropriate authority, by regulations, to provide for exceptions to the duty in sub-paragraph (2) by reference to (a) descriptions of landlord, (b) descriptions of insurance, or (c) any other matter. Paragraph 1A (9) states that, for the purposes of the new paragraph, "information" includes a document containing information and a copy of such a document.
	Paragraph 1A(10) details that regulations under this Section are (a) to be made by statutory instrument; (b) may make provision generally or for specific cases; (c) may make different provision for different purposes; (d) may include supplementary, incidental, transitional or saving provision.
	Paragraph 1A(11) sets out that the statutory instrument containing regulations under this paragraph are subject to the negative procedure.
	Paragraph 1B sets out details of further provisions for requests by a landlord under paragraph 1A where they must request information from another individual. Paragraph 1B (1) details that sub-paragraph (2) applies where a landlord requests information from another person under new paragraph 1A(2)(a). Sub-paragraph (2) sets out that the person must provide the information to the landlord that has been requested if it is in their possession.
	Paragraph 1B(3) sets out when a person (A) must request information from another person (B) where (a) the information has been requested from A under paragraph 1A(2)(a) or this sub-paragraph, (b) A does not possess the information when the request is made and (c) A believes that B possesses the information.
	Paragraph 1B(4) requires person B to provide person A with any of the information requested that is in B’s possession. Paragraph 1B(5) details that a person must provide the information they are required to provide before the end of a specified person which begins on the day the request is made. Paragraph 1B(6) details that, in this paragraph, "specified" means specified in regulations made by the appropriate authority.
	Paragraph 1B(7) sets out that a person who provides the information to another person may charge that person for the cost of providing the information.
	Paragraph 1B(8) confers powers on an appropriate authority to make regulations to (a) provide for how a request may be made under paragraph 1A(2)(a) or this paragraph; (b) provide that a request may not be made until the end of a particular period, or until after a condition is met; (c) provide for circumstances when a request under subsection (3) must be made; (d) provide for circumstance in which a duty to comply with a request under paragraph 1A(2)(a) or this paragraph and (e) provide for how the requested information is to be provided.
	Paragraph 1B(9) details that regulations under this Section are (a) to be made by statutory instrument; (b) may make provision generally or for specific cases; (c) may make different provision for different purposes; (d) may include supplementary, incidental, transitional or saving provision. Paragraph 1B(10) sets out that the statutory instrument containing regulations under this paragraph are subject to the negative procedure.
	Paragraph 1C sets out the enforcement of the duty to provide information. New paragraph 1C(1) grants tents the right to apply to the appropriate tribunal on the ground that a landlord has failed to comply with a requirement under paragraph 1A. Paragraph 1C(2)(a) confers powers on the tribunal to make one or both of the following orders; (a) an order for the landlord to provide information to the tenant within a period specified in regulations by an appropriate authority; and (b) allows the tribunal to make an order for damages to be paid by the landlord to the tenant.
	Paragraph 1C(3) sets out that a person ("C) may apply to the appropriate tribunal on the ground that another person (D) failed to comply with a requirement under new paragraph 1B.
	Paragraph 1C(4) details that on application made under sub-paragraph 3 the tribunal may make one or both of the following orders; (a) D comply with the requirement before the end of a period specified in regulations by the appropriate authority (b) an order that D pay damages to C.
	Paragraph 1C(5) details that the damages cannot exceed £5,000, with new paragraph 1C6) conferring powers on the appropriate authority to amend the amount in new paragraph 1C (5) by regulations if it considers it expedient to do so to reflect changes in the value of money.
	Paragraph 1C(7) details that regulations under this Section are (a) to be made by statutory instrument; (b) may make provision generally or for specific cases; (c) may make different provision for different purposes; (d) may include supplementary, incidental, transitional or saving provision.
	Paragraph 1C(8) sets out that the statutory instrument containing regulations under this paragraph are subject to the negative procedure.
	Section 60(3) omits paragraphs 2 to 6 of the Schedule of the 1985 Act. Section 60(4) makes consequential amendments to paragraph 9(1) of the Schedule to refer to the new paragraph.