HC Deb 27 June 1956 vol 555 cc586-7

On and after the sixteenth day of May, nineteen hundred and fifty-seven, subsection (4) of section forty-seven of the Local Government (Scotland) Act, 1929 (which confers upon certain occupiers of industrial lands and heritages the right to recover in each year from the owner of such lands and heritages a sum equal to three times the owner's share of the rates payable in respect of such lands and heritages for that year) shall have effect as if for the words "said fifteenth day of May" there were substituted the words "fifteenth day of May, nineteen hundred and fifty-seven".—[The Solicitor-General for Scotland.]

Brought up, and read the First time.

The Solicitor-General for Scotland

I beg to move, That the Clause be read a Second time.

This is really a clarifying Clause. The position is that when the new derating provisions came in in 1929 it was provided by Section 47 (4) of the Local Government (Scotland) Act, 1929, that the owner should not get what might be called a fortuitous benefit. Accordingly, there was provision for repayment from the owner to the occupier, in effect, of what he saved in owner's rates. I think that is putting it broadly. But it is doubtful in the Bill as it stands whether that will continue with regard to some of the older leases which are still in existence. This proposed new Clause is merely to make sure that when the Bill takes effect, the occupier will still get his right of relief against the owner and that the owner will not come in for any windfall.

Clause read a Second time and added to the Bill.