HC Deb 05 June 1947 vol 438 cc475-7
The Solicitor-General

I beg to move, in page 38, line 20, at the end, to insert: (3) Where regulations under the last foregoing Section have varied the terms of a tenancy of a holding as to maintenance, repair or insurance of fixed equipment (whether those terms were established by agreement or by the operation of regulations under the last foregoing Section), then if a reference is made under this Section within the prescribed period after the coming into operation of the first mentioned regulations the arbitrator shall for the purposes of the last foregoing Subsection disregard the variation. To explain the object of this Amendment I would invite hon. Members to contrast Clause 36 with Clause 37. Clause 36 provides for the making of regulations dealing with the circumstances of liability as to fixed equipment. Clause 37 deals with a slightly different situation. It says that where there is not in force a written agreement, or where there is in force a written agreement which does not cover all the matters set out in the Sixth Schedule, certain vital matters which should appear in every agreement, a very similar procedure by way of arbitration can be resorted to in order to get terms specified and an agreement defined or in order to get an extension of an existing written agreement so as to bring within its purview the matters dealt with in the Sixth Schedule, which hitherto have not been included in the agreement. The object of Clause 37 is to enable the parties, if they want, to escape the effect of Clause 36. If they want to insist on the terms of the agreement they are given the machinery under Clause 37 of going to arbitration and having the actual agreement they have made, with its actual terms relating to fixed equipment, embodied in an agreement the terms of which will be fixed by the arbitrator, those terms to include the liability in regard to fixed equipment.

If the Amendment were not made, the arbitrator might, when called upon to act under Clause, 37 say that the regulations have been made under Clause 36 and that the effect is that statutory terms set out in the regulations must be read into the agreement. Therefore, in specifying the terms of the agreement he would feel bound to specify as part of the agreement those statutory terms. If he felt so bound, the object of Clause 37 would be defeated, that object being to enable the parties to stick to the agreement they have despite any regulations made under Clause 36. The Amendment says that although there may have been regulations made under Clause 36, if an arbitrator is called upon to act under Clause 37, he can for the purposes of Clause 37 disregard the regulations under Clause 36. He can treat the matter de novo, and define the agreement between the parties as if it had not been in any way varied by the terms laid down by regulations under Clause 36. The effect of the last three or four lines of the Amendment is that within the prescribed time the firstmentioped regulations shall be disregarded for the purpose of arbitration. The Amendment is necessary to give full effect to the object of Clause 37.

Mr. Joynson-Hicks

The Amendment says: if a reference is made under this section within the prescribed period after the coming into operation of the first-mentioned regulations the arbitrator shall ignore the regulations. I do not quite follow the purport of the words "within the prescribed period." Surely, if it is right that the arbitrator should be under the necessity of disregarding the regulations on his survey of the terms of the agreement it any one period, it must be right in another period. I do not think the Solicitor-General made it quite clear to the House what is the virtue of these words "within the prescribed period"

Amendment agreed to.

The Solicitor-General

I beg to move, in page 38, line 24, to leave out Subsections (4) and (5).

This is an analogous Amendment to the one I moved to Clause 36 to leave out Subsections (4) and (5) of that Clause. This, again, is consequential on the new Clause—[Supplementary provisions as to S. 36 and s. 37].

Amendment agreed to.