HC Deb 04 July 1938 vol 338 cc143-5

Order for Consideration of Lords Amendment read.

Motion made, and Question proposed, "That the Lords Amendment be now considered."—[Mr. Wedderburn.]

Lords Amendment considered accordingly.

Lords Amendment: In page 16, line 28, insert new Clause (Additional provisions with respect to loans by local authorities).

  1. (1) Where in pursuance of Section seventy-five of the, Act of 1925 a local authority advance money to any person constructing a house in respect of which they have undertaken to give assistance under Part II of this Act, being a person entitled to grant a heritable security over the house, then, subject to the provisions of this Section and to such conditions as may be approved by the Department, the advance may, in lieu of 144 being secured by bond and disposition in security or other deed of security, be secured by an order (in this Section referred to as a "charging order") made by the local authority providing and declaring the house, or the house and such other subjects belonging to the person receiving the advance as the local authority and such person may agree, to be charged and burdened with an annuity to repay the amount of the advance.
  2. (2) The annuity charged shall commence from the date of the order, and shall be a sum of such amount and shall be payable to the local authority or their assignees for such period of years, not exceeding thirty, as the local, authority and the person receiving the advance may agree.
  3. (3) A local authority shall not make a charging order, and a charging order shall not be effectual, unless—
    1. (a) the local authority have served on every person appearing in the Register of Sasines as the proprietor of, or as holding a heritable security over, the subjects or any part thereof to be charged and burdened with the said annuity, notice that if no objection is intimated to them in writing by such person within twenty-one days from the date of service of the notice, they intend to make such charging order; and
    2. (b) no objection has been so intimated by any person on whom notice has been so served.
  4. (4) The provisions of Section twenty-two of the Act of 1925, shall apply to a charging order made under this Section in like manner as they apply to a charging order made under Section twenty-one of the said Act, subject to the following and any other necessary modifications—
    1. (a) Sub-section (2) shall apply as if after the words "advances of public money" there were inserted the words
      • "(d) any rentcharge secured on the premises by absolute order made under and in terms of the Improvement of Land Act, 1864, or the Lands Improvement Companys' Acts, 1853 to 1920;
      • (e) any loan made for agricultural purposes in pursuance of the Agricultural Credits (Scotland) Act, 1929, by any company incorporated for the purposes of that Act, where such loan has been secured on the premises by a bond and disposition in security or other deed of security duly registered in the appropriate Register of Sasines; and
      • (f) any charge on the premises created under any provision in any Act authorising a charge for recovery of expenses incurred by a local authority under Section one hundred and twenty-five of the Public Health (Scotland) Act, 1897, or Section twenty of the Act of 1925, or Section fifteen of the Act of 1930, or by an owner under Part I of the Act of 1925";
    2. (b) Sub-section (3) shall not apply.
  5. (5) For the purpose of this Section a notice may be served by delivering it to the person 145 on whom it is required to be served or by sending it by registered letter to such person at his usual or last known address, or if such person cannot be found, to the Extractor of the Court of Session. An acknowledgment endorsed on such notice or a copy thereof, by such person, or, where the notice is sent by registered letter, a certificate subscribed by the clerk to the local authority that such notice was duly posted and having the Post Office receipt for the registered letter attached, shall be conclusive evidence that such notice was duly served on the date stated in the acknowledgment or Post Office receipt.

9.4 p.m.

Mr. Wedderburn

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

This new Clause is almost identical with that which was inserted in the Housing (Rural Workers) Amendment Bill the week before last, to enable, in certain circumstances, priority to be given for loans for the purposes of the Act, by local authorities.

Question, "That this House doth agree with the Lords in the said Amendment," put, and agreed to.