HC Deb 07 April 1943 vol 388 cc687-9

(1) A county council may, on the application of the council of any county district within the county, by agreement delegate to the Council of that district, either with or without restrictions or conditions, any of the functions of the county council under the provisions of this Part of this Act.

(2) If the council of a county district who have made an application under the preceding Sub-section are aggrieved by the refusal of the county council to delegate functions, or by any conditions or restrictions which the county council propose to impose, the council of the county district may make a representation to the Minister and the Minister after consultation with the county council may by order direct the county council to delegate to the council of the county district, either with or without restrictions or conditions, such functions under this Part of this Act as the Minister thinks proper, and the county council shall comply with any direction so given.

The Minister may at any time by order revoke an order previously made by him under this Sub-section.

(3) Where any functions of a county council are delegated under this Section to the council of a county district that council shall, as regards the functions so delegated, be deemed to be the licensing authority.

(4) Any expenses incurred by the council of a county district in the discharge of functions delegated to them under this Section shall up to an amount not exceeding such sums as may be fixed by the county council or on an appeal by the Minister be repaid to the council of the county district by the county council.

(5) Any fees received under this Part of this Act by the council of a county district shall as the county council may direct either be paid to that council or be applied in reduction of tie sum to be repaid under this Section by that council to the council of the county district.—[Sir A Maitland.]

Brought up, and read the First time.

Sir A. Maitland

I beg to move, "That the Clause be read a Second time."

I am not sure whether the Minister is going to accept this Clause or not.

Mr. E. Brown

Yes.

Sir A. Maitland

If he is going to accept it, there is no need for me to say any more. I formally move it.

Mr. Ammon

As I see it, this new Clause is so framed that London is not included. I want to be quite sure about that.

Mr. E. Brown

That is so. It generally follows Section 194 of the Public Health Act, 1936.

Mr. George Griffiths (Hemsworth)

Has not London a county council? It says here "a county council."

Mr. E. Brown

London has a special Act.

Mr. Griffiths

I am very pleased that the Minister is accepting this new Clause. It will save a good deal of discussion, and I am sure that, on the evidence we could have put forward, we could have converted the Minister and the Parliamentary Secretary.

Mr. McEntee

I want to make sure that the Essex County Council Act, 1932, which gave power to delegate to four boroughs the power of registration of employment agencies, including nurses cooperation, as they are called, will now be continued, and that, under this new Clause, the four boroughs will be enabled, subject to their agreement, to carry on the delegated powers.

Mr. Brown

I could not answer that without notice, but I think the new Clause is meant to cover that point. I will look into it, and make sure.

Mr. Rhys Davies

May I thank the Minister for accepting this new Clause? Some of the smaller authorities are very much disturbed at the fact that Parliament is always granting powers to the larger authorities.

Sir Patrick Hannon (Birmingham, Moseley)

Would the Minister look at the end of Sub-section (2), which gives him power to revoke by order an order previously made by him under the Sub-section? In what circumstances will revocation take place. It seems to me that the Minister is being given very extraordinary power.

Mr. E. Brown

It is not an extraordinary power; it is common form, and gives the necessary elasticity which is always wanted in such a case.

Sir A. Maitland

I assure my hon. Friend that there has been no trouble in regard to this matter. The power has existed for a number of years. I would like to thank my right hon. Friend for accepting the Clause.

Question, "That the Clause be read a Second time," put, and agreed to.

Clause read a Second time, and added to the Bill,

Mr. Gallacher

On a point of Order. The Clause having been accepted and added to the Bill, will it now be subject to amendment? What happens to it?

The Chairman

I do not see any Amendment on the Paper.