Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I move amendment No. 112:

In page 71, lines 20 to 22, to delete all words from and including "calculated" in line 20 down to and including "refundable" in line 22 and substitute the following:

"determined in accordance with such method as may be prescribed under section 77 which deposit, subject to subsection (7), shall not be refundable".

The intention of section 64(6) is to provide that a deposit shall not be refundable if the tenant withdraws from the sale for any reason or at any time before the expiration of six months from the date from which he or she signs the apartment assignment order. In other words, apart from subsection (7), the tenant is only entitled to a refund of his or her deposit where he or she withdraws more than six months after signing the apartment assignment order. The word "not" was inadvertently omitted from the text of the relevant amendment on Committee Stage. Amendment No. 112 will restore that text.

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