§ (1)The owner of any dwelling-house may execute any works for the purpose of providing air-raid shelter in the dwelling-house or in any land belonging to or occupied with the dwelling-house, notwithstanding any limitation on his interest in the dwelling-house or the said land or any agreement or restrictive covenant to the contrary.
§ (2)In this section the expression "owner," in relation to any dwelling-house, means the person in whom the fee simple is vested, and includes also a lessee of the dwelling-house under a lease the unexpired term of which exceeds three years.
§ (3)This section shall be deemed to have had effect as from the commencement of the Act of 1937.— [Sir ]. Anderson.']
§ Brought up, and read the First time.
§ 4.33 P.m.
§ Sir J. Anderson
I beg to move, "That the Clause be read a Second time."
This Clause was put down to take the place of the new Clause moved in Committee by the hon. Member for South Shields (Mr. Ede) which was carried. It was later withdrawn in order that it might be put down afresh at this stage in a somewhat amended form. The object of the Clause is to allow the owner of a dwelling-house to provide air-raid shelter on his premises, notwithstanding any restrictive covenant to the contrary, and the owner is defined in wide terms to include a lessee under a lease the unexpired term of which exceeds three years. We have thought it desirable in this case to make the Clause retrospective.
§ 4.35 p.m.
§ Mr. Ede
I want to express my gratification to the right hon. Gentleman for arranging for the resurrection of this Clause in a more watertight form. I am sure that it covers all the points that we want covered and that it will be of assistance in certain difficult cases in securing that adequate protection is in fact given.
§ 4.36 p.m.
§ Sir Irving Albery
Apparently under this Clause an owner can put an air raid shelter on any part of the land. I do not know what the owner of the land may think if it is put in a certain position that he thinks is likely to depreciate the value of the land. I do not say that it will happen, but I can conceive that the question may arise where the owner might 1146 object to the place where the shelter is to be erected and might wish it to be put in what he considered a more suitable place.
§ Question, "That the Clause be read a Second time," put, and agreed to. Clause added to the Bill.