HC Deb 15 June 1934 vol 290 cc2103-5

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.

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]


These Amendments are not in Order, as they are outside the scope of the Bill.

2.32 p.m.


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.