§ The following Amendments stood upon the Order Paper:
§ In page 26, line 6, to leave out from the beginning to "local," in line 7, and to insert "A housing."
In line 7, leave out from "authority," to the end of the Clause, and to insert:
shall not in or in connection with the selling, leasing, letting, or other disposal of any building or part of a building or land for the time being belonging or leased to them and being within the limits of supply—
(a) make or impose any term, condition, or restriction with resepct to—
(i) the form of heat, light, power, or energy to be supplied to or used in any such building or any part thereof or on such land or in any building erected on any such land; or
§ Question put, "That the words proposed to be left out, to the word" to," in line 7, stand part of the Bill."
§ The House divided: Ayes, 97; Noes, 16.2103
|Division No. 289.]||AYES.||[2.24 p.m.|
|Adams, Samuel Vyvyan T. (Leeds, W.)||Jamieson, Douglas||Russell, Alexander West (Tynemouth)|
|Applin, Lieut.-Col. Reginald V. K.||Lennox-Boyd, A. T.||Russell, Hamer Field (Sheffield, B'tside)|
|Astbury, Lieut.-Com. Frederick Wolfe||Lewis, Oswald||Sandeman, Sir A. N. Stewart|
|Banks, Sir Reginald Mitchell||Lindsay, Noel Ker||Savery, Samuel Servington|
|Barclay-Harvey, C. M.||Llewellin, Major John J.||Shaw, Helen B. (Lanark, Bothwell)|
|Boulton, W. W.||Lovat-Fraser, James Alexander||Slater, John|
|Bower, Lieut.-Com. Robert Tatton||MacAndrew, Lieut.-Col. C. G. (Partick)||Smith, Sir J. Walker- (Barrow-in-F.)|
|Bowyer, Capt. Sir George E. W.||MacAndrew, Capt. J. O. (Ayr)||Smith, Sir Robert (Ab'd'n & K'dlne, C.)|
|Boyce, H. Leslie||Maclay, Hon. Joseph Paton||Somervell, Sir Donald|
|Brocklebank, C. E. R.||McLean. Major Sir Alan||Somerville, Annesley A. (Windsor)|
|Brown, Ernest (Leith)||Macqulsten, Frederick Alexander||Sotheron-Estcourt, Captain T. E.|
|Burgin, Dr. Edward Leslie||Maitland, Adam||Southby, Commander Archibald R. J.|
|Caporn, Arthur Cecil||Makins, Brigadier-General Ernest||Strauss, Edward A.|
|Clarry, Reginald George||Margesson, Capt. Rt. Hon. H. D. R.||Sugden, Sir Wilfrid Hart|
|Clayton, Sir Christopher||Martin, Thomas B.||Templeton, William P.|
|Copeland, Ida||Mayhew, Lieut.-Colonel John||Thomson, Sir Frederick Charles|
|Crossley, A. C.||Morgan, Robert H.||Todd, A. L. S. (Kingswinford)|
|Cruddas, Lieut-Colonel Bernard||Morris-Jones, Dr. J. H. (Denbigh)||Wallace, John (Dunfermilne)|
|Dawson. Sir Philip||Morrison, William Shepherd||Ward, Lt.-Col. Sir A. L. (Hull)|
|Denville, Alfred||Moss, Captain H. J.||Ward, Irene Mary Bewick (Wallsend)|
|Dickie, John P.||Muirhead, Lieut.-Colonel A. J.||Ward, Sarah Adelaide (Cannock)|
|Duncan, James A. L. (Kensington, N.)||Nation, Brigadier-General J. J. H.||Wardlaw-Milne, Sir John S.|
|Emmott, Charles E. G. C.||Nicholson. Godfrey (Morpeth)||Warrender, Sir Victor A. G.|
|Fremantle, Sir Francis||Peters, Dr. Sidney John||Wedderburn, Henry James Scrymgeour-|
|Fuller, Captain A. G.||Petherick, M.||Whiteside, Borras Noel H.|
|George, Major G. Lloyd (Pembroke)||Raikes, Henry V. A. M.||Whyte, Jardine Bell|
|Goff, Sir Park||Ramsay, T. B. w. (Western Islet)||Williams, Herbert G. (Croydon, S.)|
|Hales, Harold K.||Rea, Walter Russell||Wills, Wilfrid D.|
|Hamilton, Sir R. W.(Orkney & Zetl'nd)||Reid, David D. (County Down)||Wise, Alfred R.|
|Hannon, Patrick Joseph Henry||Remer, John R,|
|Hartland, George A.||Rhys, Hon. Charles Arthur U.||TELLERS FOR THE AYES.—|
|Hills, Major Rt. Hon. John Waller||Ross, Ronald D.||Captain Austin Hudson and Major|
|Hume, Sir George Hopwood||Rots Taylor, Walter (Woodbridge)||George Davies.|
|Hunter, Capt. M. J. (Brigg)||Runge, Norah Cecil|
|Attlee, Clement Richard||Davies, Rhys John (Westhoughton)||Lawson, John James|
|Batey, Joseph||Dobbie, William||West, F. R.|
|Brown, C. W. E. (Notts., Mansfield)||Edwards, Charles||Williams, Dr. John H. (Llanelly)|
|Cove, William G.||Ellis, Sir R. Geoffrey||Wilmot, John|
|Daggar, George||Grenfell. David Rees (Glamorgan)|
|Davies, David L. (Pontypridd)||Hall, George H. (Merthyr Tydvll)||TELLERS FOR THE NOES.—|
|Mr. John and Mr. Groves.|
(ii) the taking from any particular local authority, company, body, or person of any form of heat, light, power, or energy; or
(b) give any preference or priority to or subject to any prejudice or disadvantage any person on account of his taking or agreeing to take or not taking or not agreeing to take a supply of heat, light, power, or energy of any particular form or from any particular local authority, company, body, or person.
(2) Any such term, condition, or restriction as aforesaid which is in force at the date of the passing of this Act under or by virtue of any tenancy agreement or any resolution of a housing authority or otherwise howsoever, and any term, condition, or restriction made or imposed after the said date in contravention of the provisions of this section shall be of no force or effect.
(3) Provided that nothing in this section shall apply to any reasonable term or condition as to the position in any room or
other part of a building of any fittings required for the use of any form of heat, light, power, or energy.
(4) In this section the expression "housing authority" means the council of any county or borough (whether a county or other borough or a metropolitan borough) or urban or rural district, and the expression "building" means any house, shop, office, warehouse, or other building of any description."—[Mr. Rhys Davies]
§ 2.32 p.m.
§ Dr. BURGIN
I beg to move, in page 26, line 7, to leave out from "authority," to the end of the Sub-section, and to insert:to insert or procure to be inserted in any instrument, in connection with the sale or letting of any premises which they own or in which they have any interest and which are situated within the authorised limits of supply of undertakers not being a local authority, a provision restricting the right of any owner or occupier of the premises to take a supply of gas from those undertakers.(2) For the purposes of this section a provision which would have the effect, in the event of an owner or occupier of premises taking a supply of gas, of imposing upon him obligations to which he would not otherwise be subject or of taking away from him rights which he would otherwise enjoy shall be deemed to be a provision restricting his right to take that supply.
§ This is the Amendment about which the discussion has just taken place, and is the agreed form of words which has the effect that I have previously described. It is merely an improved draft of the same Clause, in order to meet the objections which were called to the attention of the Department.
§ Amendment agreed to.