HL Deb 14 January 1971 vol 314 cc219-21
THE LORD CHANCELLOR

My Lords, I beg to move that the House do now resolve itself into Committee on Re-Commitment of this Bill.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF LISTOWEL in the Chair.]

THE CHAIRMAN OF COMMITTEES

This Bill has been amended by the Joint Committee on Consolidation Bills. There are further Amendments to be moved in Committee this afternoon. I will therefore go through the Bill in the usual way.

Clauses 1 to 25 agreed to.

Schedule 1 [Vehicles in which heavy oil may be used without repayment of rebate]:

The LORD CHANCELLOR moved Amendments Nos. 1 to 6:

Page 16, line 10, leave out ("section 6(1)(h)") and insert ("section 4(1)(h)")

Page 16, line 11, leave out ("section 6(6)") and insert ("section 7(1)")

Page 16, line 13, leave out ("1962") and insert ("1971")

Page 16, line 36, leave out ("1962") and insert ("1971")

Page 16, line 40, leave out ("section 16(3) of the said Act of 1962") and insert ("section 23 of the said Act of 1971")

Page 16, line 42, at end insert— ("6. Until the coming into force of the Vehicles (Excise) Act 1971 (which consolidates the Vehicles (Excise) Act 1962 and other enactments) references above to that Act and specific provisions of it shall be read as referring to the said Act of 1962 and the corresponding provisions of that Act.").

The noble and learned Lord said: In moving these Amendments which stand in my name I would, with the permission of the Committee, speak to them all because they are interconnected. They are technical, and when I have explained the reason for them I hope the Committee will find it possible to pass them. The purpose of the Amendments is to anticipate the coming into force of the Vehicles (Excise) Bill which immediately succeeds this Bill on the Order Paper. This latter Bill is expected to come into force about two months after the date (that is, March 1, 1971) which is mentioned in Clause 25 of the present Bill, and the purpose of these Amendments is also to provide for the interim of those two months.

Schedule 1 to the present Bill, as at present drawn, correctly consolidates Section 200(6) of the Customs and Excise Act 1952, as amended by Section 4(2)(b) and Schedule 7 of the Finance Act 1962. These provisions list the descriptions of road vehicle which may be used with non-rebated fuel oil and are framed by reference to certain categories of vehicle exempted from vehicles excise duty under the Vehicles (Excise) Act 1962.

The last-mentioned Act is currently the subject of consolidation by the Vehicles (Excise) Bill now before Parliament. That Bill has been approved by the Joint Committee on Consolidation Bills and it is hoped that it will pass at about the same time as the present Bill. But whereas the present Bill is expressed by Clause 25 to come into force on March 1, 1971, the Vehicles (Excise) Bill is to come into force on an appointed day, which is likely to be some two months or more after that date.

It is desirable that the references in Schedule 1 to the Hydrocarbon Oil (Customs and Excise) Bill to the Vehicles (Excise) legislation should specify the consolidated provisions, instead of the existing provisions so shortly to be repealed. The first five Amendments accordingly effect the necessary substitution of section references. The sixth and last Amendment provides for the circumstance that for a period of about two months after this Bill comes into force, the old Vehicles (Excise) legislation will still be operative; and correct consolidation requires that the Bill should, during that period, be read as referring to the existing provisions of that legislation. The paragraph 6 proposed to be inserted will become spent as soon as the Vehicles (Excise) Bill comes into force. I beg to move.

LORD GARDINER

As one of the no doubt many Members of your Lordships' House who always read the whole of the proceedings before the Joint Consolidation Committee, may I say with what pleasure I observed that the new Committee are living up to the high standards set by their predecessors. It is always a pleasure for me to read them at work, and in this particular case considering delicate questions as to how far in Consolidation Bills one can translate fahrenheit into centigrade, or provide for decimalisation. I entirely agree with the proposed Amendments for the reasons given by the noble and learned Lord the Lord Chancellor, and hope that the Committee will do the same.

On Question, Amendments agreed to.

Schedule 1, as amended, agreed to.

Remaining Schedules agreed to.

House resumed: Bill reported with Amendments.