HC Deb 08 February 1945 vol 407 cc2340-1
Mr. Peake

I beg to move, in page 4, line 22, leave out from beginning, to "but," in line 23, and insert "conferred by or under any enactment."

This has a slightly wider definition and it is an almost purely drafting Amendment.

Sir H. Williams

I think it needs a little more explanation than that, because of the words to be left out. Do they mean the same thing as "by or under any enactment"?

Mr. Peake

Under Sub-section (1) of this Clause a local authority can use the available balances on capital funds for any purpose for which the authority has a statutory power to borrow, and Sub-section (2) (d), as it stands without the Amendment, defines "statutory power to borrow" as a power to borrow by virtue of any enactment or by virtue of any order or sanction of a government department. We propose to leave out those words and insert instead, "conferred by or under any enactments." The reason for that is that, as the Clause is now drawn, it does not cover certain authorities whose sanction to borrowings is sometimes necessary—for example, the Metropolitan Boroughs have to obtain the sanction of the London County Council before borrowing can be effected. It is also doubtful whether the words "government department" in the Clause as drawn include the Electricity Commissioners.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.