HC Deb 11 February 1959 vol 599 cc1263-5

7.45 p.m.

The Solicitor-General for Scotland

I beg to move, in page 9, line 3, to leave out "the owner of the building" and to insert: any person having an interest to do so". This Amendment could conveniently be considered with the Amendment, in line 8. Its purpose is to ensure that the certificate of completion can be sought by the person who has an interest in obtaining it. The word "owner" is too narrow, because there are a number of occasions, for example, when an agricultural tenant or a tenant under a long lease is constructing the building and not the owner. It is not easy to find the words precisely to cover all cases, but we think that the words of the Amendment do, in fact, do so.

Amendment agreed to.

Further Amendment made: In page 9, line 8, leave out "owner" and insert "applicant".—[The Solicitor-General for Scotland.]

Mr. J. N. Browne

I beg to move, in page 9, to leave out lines 15 to 17 and to insert: mentioned in the last foregoing subsection unless there is produced to them a certificate granted by the person who installed the installation certifying that the installation complies with such of the said conditions as relate to it". The hon. Member for West Lothian (Mr. J. Taylor) pointed out in Committee that the phrase a certificate of the truth of those facts raised, in his own words, a very pedantic and minor point of problematical purity."—[OFFICIAL REPORT, Scottish Standing Committee, 4th December, 1958; c. 133.] In a spirit of co-operation we have altered the wording without altering the meaning or sense.

Amendment agreed to.

Mr. J. N. Browne

I beg to move, in page 9, line 17 at the end to insert: Provided that this subsection shall not apply in a case where it is shown to the satisfaction of the buildings authority that for some reasonable cause such a certificate cannot be produced. Under the Bill certificates certifying the correctness of the electrical installations have to be given. The Amendment covers two main possibilities—either that the person who installed the electrical installation has died or is not otherwise available or that, because of dispute with the owner or main contractor, possibly over the payment of the bill, the latter withholds the certificate to gain bargaining power. In either case, in the absence of a certificate, the master of works would have to take other steps to satisfy himself that the installations complied with the requirements.

Amendment agreed to.

Mr. J. N. Browne

I beg to move, in page 9, line 25, at the beginning to insert: Subject to the next following subsection". This could be discussed with the Amendment in line 33.

The Amendment meets points raised by my hon. Friend the Member for Central Ayrshire (Mr. Nairn) and the hon. Member for Hamilton (Mr. T. Fraser). It is clearly right to allow the occupation of a partly completed building in the event of bad weather—for example, to allow a pigsty to be occupied by the pigs. Furthermore, following a traditional method of building in the Highlands, crofters may be far better off occupying part of a new but unfinished cottage than in remaining in the old and insanitary building.

Amendment agreed to.

Further Amendment made: In page 9, line 33, at the end insert: (6) Where on application made to them it appears to a buildings authority that, because of exceptional circumstances, it is reasonable that a building to which the last foregoing subsection applies should be temporarily occupied or used before a certificate of completion in respect of it has been issued they may (whether or not the construction of the building has been completed) grant written permission for such occupation or use during such period as may be specified in the permission (which period may be extended from time to time by a like permission); and while any permission under this subsection is in force in relation to any building the last foregoing subsection shall not have effect in relation to that building.—[Mr. J. N. Browne.]