HC Deb 13 June 1939 vol 348 cc1225-6

9.19 p.m.

Sir J. Anderson

I beg to move, in page 18, line 15, after "charge," to insert: shall have priority over all other encumbrances on that estate or interest, except charges arising under any enactment authorising a charge for the recovery of expenses incurred by a local authority and charges created under any enactment authorising advances of public money and. This is a drafting Amendment to bring the provisions about charging in Clause 18 into line with the corresponding provisions in Sub-section (4) of Clause 17. It happened that the two sets of provisions were drawn at different times and different wording was employed. It is though desirable, as a matter of sound drafting, to employ the same form of words to convey the same meaning in the two cases.

Amendment agreed to.

Further Amendment made: In page 18, line 16, at the end, insert: and the person in whose favour the charge is created shall, for the purpose of enforcing it, have the same powers and remedies under the Law of Property Act, 1925, and otherwise, as he would have if he were a mortgagee by deed having powers of sale and lease and of appointing a receiver."—[Sir J. Anderson.]

Sir J. Anderson

I beg to move, in page 18, line 36, to leave out "type specified in," and to insert "approved standard in pursuance of."

This Amendment is consequential on the adoption of the approved standard.

Amendment agreed to.

Sir J. Anderson

I beg to move, in page 20, line 3, to leave out "type specified -in," and to insert "approved standard in pursuance of."

This Amendment is consequential on the substitution of "approved standard" for "approved type."

Amendment agreed to.

Further Amendment made: In page 20, line 10, leave out "shelter of the type specified in the notice," and insert "the shelter."—[Sir J. Anderson.]

Sir J. Anderson

I beg to move, in page 20, line 17, at the end, to insert: Where air-raid shelter which has been provided in pursuance of the notice provides a greater degree of protection or accommodation than is contemplated by the code, no greater expense shall be deemed for the purposes of this Sub-section to have been reasonably incurred in executing the works for the purpose of providing the shelter than would have been so incurred if that greater degree of protection or accommodation had not been provided. This Clause deals with precisely the same point as the one with which the House has already dealt—Clause 17, page 17, line 16. In that case it was a question of the proportion of cost which the short-term factory occupier could pass on. Here it is a question of the proportion of cost which the owner of commercial buildings can pass on where a shelter going beyond the approved standard has been provided.

Amendment agreed to

Further Amendments made:

In page 21, line 3, leave out from beginning to "in," in line 4, and insert "the owner had provided shelter of the approved standard."

In page 21, line 5, leave out "the owner," and insert "him."

In page 21, line 7, leave out "shelter of the type specified therein," and insert "and the said sums were expenses under that notice."—[Sir J. Anderson.]