First Schedule.—(TRANSITIONAL PROVISIONS RELATING TO SECTION 2.) (Hansard, 4 April 1951)

§ Mr. Manningham-Buller
I beg to move, in page 16, line 24, to leave paragraph 4, and to insert: 4. Where, in relation to any tenancy to which section two of this Act would have applied if the tenancy had not expired before the commencement of this Act any order or judgment has been made or given by a court before the commencement of this Act, and has not been executed, and in the opinion of the court the order or judgment would not have been made or given if at the time thereof this Act had been in operation, the court may on application by the tenant rescind or vary the order or judgment in such manner as the court thinks fit for the purpose of giving effect to this Act. This matter was fully discussed and argued during the Committee stage, and the right hon. and learned Gentleman then said that he would look into the point again. The point of the Amendment can be summed up in one sentence. It will not affect the principles of the Bill. It gives some flexibility to the courts. I trust that without further argument the right hon. and learned Gentleman will be able to say he will accept the Amendment.

§ Sir P. Spens
I beg to second the Amendment.

§ The Solicitor-General
I did undertake to consider this very carefully and, having fulfilled that promise quite loyally, I cannot really see any situation in which the change would be of service to any of the parties involved. I think that the Schedule does all that is really necessary. It would simply mean putting the parties to extra expense to have the recourse to the courts without the courts being able to do anything in response to the application made.