HC Deb 24 June 1947 vol 439 cc375-7
The Solicitor-General

I beg to move, in page 37, line 10, to leave out from the beginning, to "on" and to insert: This Section shall apply in any case where. This is the first of a series of Amendments the purpose of which is to recast Clause 24. That Clause deals with the re-opening of transactions which have resulted in the dissipation of assets. The Amendments seek to meet a number of points which were made in the argument during the Committee stage by way of criticism of the Clause as it stands at present. I will enumerate the various points with which it is sought to deal. First, charitable payments are excluded from the scope of the Clause—a point made by the hon. Member for Stockport (Sir A. Gridley). This is designed to meet his argument on that particular aspect. Secondly, the point was made that there should be some time limit within which the Electricity Board could make an application under the Clause. That has been done by inserting a 12 months' time-limit, which we think is a reasonable period.

Thirdly, there was a certain amount of criticism of the wording of the Clause. It was suggested that it did not make clear on whom the onus was placed. The Amendment makes it clear that, in the first place, the onus is on the board to make out a prima facie case. The argument by the hon. Member for Northwich (Mr. J. Foster) on a matter of drafting is also dealt with by leaving out certain words which he claimed were redundant; and it finally makes it clear that the order shall not be made against directors because the action has diminished in some degree the personal responsibility which rests on them and as a result of which they have benefited through any transaction they have made. This series of Amendments deals with these various points.

Amendment agreed to.

Further Amendments made: In page 37, line 27, leave out "that."

In fine 30, leave out from "body," to the end of line 32.

In line 33, leave out "Subsection." and insert "section."

In line 35, at end, insert: (ii) to any payment or other transaction made or entered into for any charitable purpose; or (iii) to any payment or other transaction to which the previous consent of the Electricity Commissioners was given for the purposes of any enactment other than this Section, or which has been approved in writing by the Minister, either generally or specially, and whether before or after the date of the payment or other transaction.

In line 36, leave out from beginning, to first "all," in line 37, and insert: The Central Authority may, at any time before the expiration of a period of twelve months beginning with the vesting date, make an application to the arbitration tribunal in respect of any transaction to which this Section applies, and.

In line 41, leave out from second "the," to end of line 42, and insert: transaction in respect of which an application is made is a transaction to which this Section applies.

In page 38, line 5, leave out "as it thinks just."

In line 6, leave out from second "the," to "for," in line 8, and insert: application (other than the Central Authority) as it thinks just, having regard to the extent to which they were respectively responsible for the transaction or benefited from it.

In line 39, leave out Subsection (7).— The Solicitor-General.]