Clause 28.—(LOCAL ACT PROVISIONS.) (Hansard, 11 February 1959)

§ The Solicitor-General for Scotland

I beg to move, in page 25, line 38, at the beginning to insert: Subject to the next following subsection I think that it might be convenient to take this together with the Amendment in page 25, line 46, leave out from "Act" to the end of line 3 on page 26 and to insert: (2) The Secretary of State may by order made by statutory instrument except from the operation of the foregoing subsection such provisions of any local Act as may be specified in the order (being provisions to which apart from the order that subsection would apply) and direct that the corresponding provisions of this Act or of any regulations having effect by virtue of this Act (which provisions shall be specified in the order) shall not have effect in the areas in which the specified provisions of the local Act have effect: Provided that no order under this subsection shall be made in relation to a provision (being a provision of a local Act) which has ceased to have effect. This is a paving Amendment, and, if I may say so, the guts of the matter come in the second Amendment. This Amendment has already, in effect, been discussed, although not specifically. It is to enable an Order under Clause 28 (1) to disapply the provisions of the Bill and the regulations made under it where any corresponding provisions of a local Act are being retained. It allows the Secretary of State to make an Order saving the provisions of a local Act not only before the commencement of the Act but at any time after, provided the local Act provision in question has not lapsed.

1280 I think that, in view of the discussions we had earlier, it is probably unnecessary for me to go into the matter further, unless any hon. Member has any comments to make.