HC Deb 14 December 1949 vol 470 cc2680-2 Lords Amendments considered.

Clause 7.— (DETERMINATION OF POSSESSION FOR PURPOSE OF DEVELOPMENT BY OWNER.)

Lords Amendment: In page 5, line 25, at end insert: Provided that the Minister shall not be required to give such a direction if the development in question consists only of the use of land for a period or periods not exceeding twenty-eight days in all in any calendar year, whether with or without the erection or placing of movable structures on the land for the purposes of that use.

The Parliamentary Secretary to the Ministry of Health (Mr. Blenkinsop)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This proviso qualifies the Clause dealing with the giving up of sites in order that owners may develop them. If this Amendment had not been moved it might have been made necessary, where an owner greatly wanted to acquire the use of his site for a matter of under 28 days, for that site to be surrendered by the local authority. That was never, of course, intended and this Amendment is therefore being inserted.

Question put, and agreed to.

Clause 11. —(WAR DAMAGE PAYMENTS.)

Lords Amendment: In page 7, line 42, after "authority" insert "or person."

Mr. Blenkinsop

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is a drafting Amendment to make it clear that by "authority" we include a person—for example the Timber Controller—who might be involved in such a case.

Question put, and agreed to.

Lords Amendment, in page 8, line 33, at end, insert new Clause A (Suspension of justices' licences). Subsection (3) of section twelve of the Finance Act, 1946 (which relates to the suspension of justices' licences on the compulsory acquisition of licensed premises) shall have effect as if references in that subsection and in the First Schedule to that Act to the compulsory acquisition of premises included references to the taking possession of premises by a local authority by virtue of a lease or authorisation under this Act.

Mr. Blenkinsop

I beg to move, "That this House doth agree with the Lords in the said Amendment."

A provision was inserted in the Finance Act, 1946, to place in suspense the licences on the licensed premises which were compulsorily acquired so that they could become effective again when alternative accommodation was found.

Question put, and agreed to.

Lords Amendment: In page 9, line 15, at end, insert new Clause B (Penalty for depositing rubbish on war-damaged sites). (1) If any person, without the consent of the person entitled to possession of the land, deposits any rubbish or waste material—

  1. (a) upon land of which a local authority are entitled to possession by virtue of a lease or authorisation under this Act;
  2. (b) upon any unoccupied land which has sustained war damage,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty pounds. (2) Without prejudice to the foregoing subsection, any expenditure reasonably incurred by a local authority in removing (whether in the exercise of powers conferred by this Act or otherwise) any rubbish or material deposited by any person in contravention of that subsection may be recovered from him by that authority as a simple contract debt in any court of competent jurisdiction.

Mr. Speaker

This involves a question of Privilege and, if it is carried, the necessary entry will be made in the Journals.

Mr. Blenkinsop

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This matter was raised in debate in this House when the Bill was under consideration and a promise was given by my right hon. Friend that an Amendment of this nature would be inserted in another place to ensure that there would be a more adequate safeguard against the tipping of rubbish on war damaged sites.

Mr. Keenan (Liverpool, Kirkdale)

I should like to express the thanks of those people in my area to the hon. Gentleman for accepting this Amendment. Apparently our local authority considered that they had no power to deal with this matter and this Amendment clears up the position. Now this nuisance can be attended to, and I want to express my thanks on behalf of hon. Members from Liverpool; this Amendment will enable us to push the local authority to do something in which we feel they have been defective in the past.

Question put and agreed to. [Special Entry.]

Remaining Lords Amendments agreed to.

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