HC Deb 10 July 1939 vol 349 cc2013-5

Lords Amendment: In page 75, line 26, at the end, insert: Provided that, in the case of a building (including a commercial building) or block of buildings let out in parts each of which is separately valued for rating purposes or consists of two or more parts so valued, the annual value of every part so valued (except any part which has depreciated in value by reason of the execution therein under this Act of works for the provision of air-raid shelter) shall be taken for the purposes of the provisions of this Act relating to increases of rent, to be—

  1. (a) where the rateable value and the net annual value of that part are the same, the rateable value appearing at the material date in the valuation list;
  2. (b) where they are different, the net annual value of that part appearing at the material date in the valuation list,
and the annual value of the whole building or of any part thereof comprising a number of parts which are separately valued for rating purposes, shall be taken for the purposes of the said provisions to be the sum of all the annual values of all the parts or, as the case may be, the parts so comprised.

2.45 a.m.

Sir J. Anderson

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

In the Bill as it left this House, where expenditure incurred in the provision of shelter had to be apportioned, it was provided that the proportion should be according to the annual value of the separate parts of the building, the building being let out in parts, and for this-purpose the annual value was given a special definition in the Bill. It has been: suggested that where the different parts of a building are separately valued for rating purposes and separate values are entered in the valuation roll it would make for general convenience and simplicity if the values so entered could be so taken instead of the annual value as specially defined in the Bill. That is the object of this Amendment.

Lords Amendment: In page 76, line 19, after "tenancy," insert "but does not include a mortgage."

Sir J. Anderson

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

This Amendment should be taken with the Amendment on line 42. The effect is simply this, that a mortgagee is to be treated as an owner for the purposes of the Bill if and only if he has taken possession or has put in a receiver. The mortgagee in possession for all practical purposes can, it is suggested, be treated as if he were an owner, but on the other hand if he remains in the background it is obviously not only unjust but indefensible that he should be treated as a person with the responsibility of a landlord.

Subsequent Lords Amendment, in page 76, line 42, agreed to.

Lords Amendment: In page 77, line 15, leave out "supply gas" and insert "do so."

Mr. Deputy-Speaker (Colonel Clifton Brown)

I have to acquaint the House that this Amendment and the next Lords Amendment raise a question of Privilege.

Sir J. Anderson

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

The effect of this Amendment and the next Amendment is that although they make no change in the substance of the Bill they do bring within the definition of public utility undertakings non-statutory water companies. Non-statutory gas companies are included. The Amendment does make a difference as regards non-statutory water companies, but it makes no difference to the Clause otherwise.

Subsequent Lords Amendment, in line 16, after "gas" insert "or water," agreed to.