HC Deb 29 July 1952 vol 504 cc1409-10

Lords Amendment: In page 8, line 41, leave out from beginning to "he" in line 3, on page 9, and insert: If an authority eligible to participate wish to take some action which could lawfully be taken by that authority by agreement between them and the council of a receiving district (with the authorisation of the Minister under subsection (1) of the last preceding section or otherwise), and the Minister, on application being made to him by that authority, is satisfied that such action—

  1. (a) is required for the purposes of town development within the meaning of this Act, but
  2. (b) is prevented or hampered by inability or unwillingness of the council of the receiving district to concur in providing by agreement for its being taken,

Mr. H. Macmillan

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

This Amendment is rather long, but in substance it is really only a matter of drafting. Its object is to simplify the wording of this Clause. In the debates we had both in Committee upstairs and on Report there was a good deal of difficulty as to the drafting of Clause 9. The purpose of this Amendment is to make clear, as was always indeed the intention, that. Orders under the Clause must relate to action which the participating authority could lawfully take by agreement with the council of the receiving district whether by an agreement under Clause 8 (1) of the Bill or with the authorisation of the Minister, or by an agreement which they could lawfully enter into under existing powers without the authorisation of the Minister.

For instance, under Section 81 of the Housing Act, 1936, there are certain agreements which municipalities and local authorities can make without the authorisation of the Minister. For example, when they are building houses outside their area they can arrange to carry out incidental works by agreement with the local authority of the area in which the new houses are to be built.

In its new form this Clause tidies up and meets the points raised both in Committee and on Report and puts it in better language to make clear that it only deals with two classes of things which local authorities can do, either things they can do under the Bill with the authorisation of the Minister or things which they can at present do under certain existing legislation without such authorisation.

Question put, and agreed to.