HC Deb 24 July 1936 vol 315 cc1017-21

Lords Amendment: In page 65, line 1, leave out the Ninth Schedule and insert new Schedule A:

Session and Chapter. Title or Short Title. Extent of Repeal.
6 & 7 Will. 4. c. 71. The Tithe Act, 1836. Sections fifty-seven, sixty-two, sixty-nine, seventy-seven, seventy-eight, eighty and eighty-six.
7 Will. 4 & 1 Vict. c. 69. The Tithe Act, 1837. The whole Act so far as unrepealed.
2 & 3 Vict. c. 62. The Tithe Act, 1839. Sections fourteen, sixteen, seventeen, twenty-one and twenty-eight.
3 & 4 Vict, c. 15. The Tithe Act, 1840. Sections seventeen, twenty and twenty-three.
5 & 6 Vict. c. 54. The Tithe Act, 1842. Sections three, six, seven and eight.
14 & 15 Vict. c. 25. The Landlord and Tenant Act, 1851. Section four.
14 & 15 Vict. c. 50. An Act to amend an Act of the Third and Fourth years of King William the Fourth in respect of the Assessment of Tithe and Tithe Rent-charges for certain Rates. In section one, the words "tithe rent-"charges."
14 & 15 Vict, c. 104. The Episcopal and Capitular Estates Act, 1851. In section eleven, the words "and tithe rentcharges."
17 & 18 Vict. c. 116. The Episcopal and Capitular Estates Act, 1854. In section eight, the words "or tithe rentcharges" where they secondly occur.
23 & 24 Vict. c. 93. The Tithe Act, 1860. Sections one, two, four to nine, thirty-one, forty-two and forty-three.
The Schedule.
32 & 33 Vict. c. 67. The Valuation (Metropolis) Act, 1869. In section four, in the definition of "gross value", the words "and tithe commutation rentcharge, if "any".
45 & 46 Vict. c. 37. The Corn Returns Act, 1882. Section ten.
49 & 50 Vict. c. 54. The Extraordinary Tithe Redemption Act, 1886. The whole Act so far as unrepealed.
60 & 61 Vict. c. 23. The Extraordinary Tithe Act, 1897. The whole Act.
10 Edw. 7. & 1 Geo. 5, c. 24. The Licensing (Consolidation) Act, 1910. In section thirty-nine, in subsection (2), the words "and tithe "commutation rent-"charge (if any)".
Session and Chapter. Title or Short Title. Extent of Repeal.
8 & 9 Geo. 5. c. 54. The Tithe Act, 1918. Section ten. The First Schedule so far as unrepealed.
11 & 12 Geo. 5. c. 35. The Corn Sales Act, 1921. In section two, in subsection (3), the words "and in section ten "(which relates to the "application of the "septennial average "to the Tithe Com-"mutation Acts)".
14 & 15 Geo. 5. c. 21. The Finance Act, 1924. In section twelve, in subsection (1) (b), the words "and tithe "commutation rent-"charge, of any".
15 Geo.5. c. 20. The Law of Property Act, 1925. In section one, in subsection (2) (d), the words "tithe rent-"charge".
In section one hundred and ninety-one, in subsection (12) the words "tithe rent-"charge or".
In section two hundred and one, in subsection (1), the words "tithe and".
15 Geo.5. c. 21. The Land Registration Act, 1925. In section seventy, in subsection (1) (e), the words "tithe rent-"charge".
15 & 16 Geo. 5. c. 87. The Tithe Act, 1925. In section one, subsection (1).
Section two.
In section four, subsections (1), (2), (4) and (5).
Sections six, nine and eleven.
In section twelve, paragraphs (a) and (c).
In section thirteen, subsections (2) and (4).
Section seventeen.
In section twenty, subsections (3) and (4).
15 & 16 Geo. 5. c. 90. The Rating and Valuation Act, 1925. In section three, in subsection (2), the words "or tithe rent-"charge" and the words "tithe rent-"charge" where the last-mentioned words secondly occur.
In section twenty-two, in subsection (1) (b), the words "and tithe rentcharge, if any."
In section sixty-eight, in subsection (1), in the definition of "gross value", the words "and tithe "rentcharge, if any", and subsection (2).
Session and Chapter. Title or Short Title. Extent of Repeal.
19 Geo.5. c. 17. The Local Government Act, 1929. In the Third Schedule, in paragraph 2, the words "any tithe rentcharge or", where they first occur, and the words "tithe rentcharge or", where they secondly and thirdly occur.
20 & 21 Geo. 5. c. 24. The Railways (Valuation for Rating Act,) 1930. In section four, in subsection (1) (b) and subsection (3) (ii), the words "and tithe "rentcharge (if "any)".")


I beg to move, "That this House doth agree with the Lords in the said Amendment."


I really think that we ought to have some explanation of this Amendment. In respect of another Amendment to Clause 36 the Parliamentary Secretary, without even rising in the slightest degree, said "Drafting", and the Clause was struck out of the Bill. I suppose it is really drafting to strike a whole Clause out of the Bill.


The reason I did not give an explanation was that it had already been given on Clause 8 which we had already passed.


Surely we are entitled to have an explanation of why a whole Schedule should be cut out and another put in.

1.44 p.m.


I do not wish to appear as if questioning the Parliamentary Secretary's knowledge of all these Amendments from another place, but here we are asked to cut out a Schedule dealing with I do not know how many Acts of Parliament which would be repealed, and to insert a new Schedule to replace it. The Parliamentary Secretary offers us no information as to the effect of this new Schedule and whether it will include any other Act of Parliament which should be repealed. As this is the last Amendment and will not take very long, perhaps he will tell us where it differs from the Schedule which he asks us to leave out.

1.45 p.m.


I am afraid that if I were to reply fully to the hon. Member, it would be a long time before I finished, as it would involve reading the original Ninth Schedule and comparing it with the Schedule now in the Bill.

The Bill has had extremely careful consideration—the hon. Member and other hon. Members have taken a valuable part in the work—with the result that there have been numerous Amendments, which made it necessary to give special consideration to the Repeal Schedule. On the whole it was thought better to leave out the original Schedule and to insert a revised Repeal Schedule. The new Schedule is merely a revision of the original Schedule. I hope the hon. Members will be content with that explanation. With regard to the complaint made by the hon. Member for South Shields (Mr. Ede), I ought to have pointed out that we had dealt with the matter in Clause 8. When we got to Clause 36 I said "Drafting", and I ought perhaps to have added a few words with regard to Clause 8.