HC Deb 02 August 1922 vol 157 cc1634-6

Sub-section (4) of Section twenty-one of the Land Settlement (Facilities) Act, 1919 (which imposes a penalty on a person causing damage to crops growing on an allotment cultivated as a garden), shall extend to damage to an allotment cultivated as a garden or any crops or fences or buildings thereon and accordingly that Subsection shall have effect as if instead of the words "crops growing on an allotment cultivated as a garden" there were inserted the words "allotment cultivated as a garden or any crops or fences or buildings thereon.

Disagreed to by the Lords, who propose in lieu thereof the following new Clause:

(Penalty for damage to an allotment garden.)

"(1) Any person who by any act done without lawful authority or by negligence causes damage to any allotment garden or any crops or fences or buildings thereon shall be liable on summary conviction to a penalty not exceeding £5, but this provision shall not apply unless notice of this provision is conspicuously displayed on or near the allotment garden.

(2) Sub-section (4) of Section 21 of the Land Settlement (Facilities) Act, 1919, is hereby repealed."

Sir A. BOSCAWEN

I beg to move, "That this House doth not insist upon its Amendment to which the Lords have disagreed, and agree to the Lords Amendment proposed in lieu thereof."

This is merely a drafting Amendment. On the Report stage the House agreed to the insertion of an Amendment, and a new Clause was inserted by this House. It has been redrafted by another place, and put into more suitable language.

Commons Amendment:

After Clause 16, insert the following new Clause:

(Action in default of certain local authorities.)

If it appears to the Minister, in relation to the London County Council or the council of any county borough or metropolitan borough, after holding a local inquiry at which the council, or such other persons as the person holding the inquiry may, in his discretion, think fit to allow, shall be permitted to appear and be heard, that the council have failed to satisfy to the extent to which it is reasonably practicable, having regard to the provisions of the Allotments Acts, the demand for allotment gardens to be provided by the council the Minister may, by Order, transfer to the Small Holdings Commissioners all or any of the powers of the council relating to the provision of allotment gardens and the provisions of Section twenty-four of the Small Holdings and Allotments Act, 1908, shall apply as if references to the Commissioners were substituted for references to the county council and with such other adaptations as may be made by the Order.

Lords Amendment to Commons Amendment:

Leave out the word "or" ["or such other persons"], and insert "and."

The remaining Government Orders were read, and postponed.

Whereupon Mr. SPEAKER adjourned the House, without Question put, pursuant to the Order of the House of 25th July.

Adjourned at Twenty Minutes after Twelve o'Clock.