HC Deb 27 July 1960 vol 627 cc1665-6

Lords Amendment: In page 6, line 26, leave out from "situated" to end of line and insert: make an order for the revocation of the said site licence to come into force on such date as the court may specify in the order, being a date after the end of the period of fourteen days mentioned in subsection (1) of section eighty-four and subsection (2) of section eighty-seven of the Magistrates' Courts Act, 1952, as the period within which the person convicted may bring an appeal, whether by case stated or otherwise, and if before the date so specified an appeal is so brought the order shall be of no effect pending the final determination or withdrawal of the appeal. The person convicted or the local authority who issued the site licence may apply to the magistrates' court which has made such an order revoking a site licence for an order extending the period at the end of which the revocation is to come into force, and the magistrates' court may, if satisfied that adequate notice of the application has been given to the local authority or, as the case may be, the person convicted, make an order extending that period.

Sir K. Joseph

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

Perhaps it would be convenient if, with this Amendment, we considered the Amendment to Clause 29, in page 18.

These two Amendments fill out a power already in the Bill for a court, under certain circumstances and on the application of a local authority, to revoke a Cite licence. But no details are given about the date from which the revocation is to take effect. The first Amendment fills that gap. It lays down that the court shall be able to determine when the revocation shall take effect. It may be desirable to postpone revocation in order to allow a reasonable time for the caravans to be removed or for someone else to take the site over. It provides for the suspension of the revocation on appeal and, if it is then found necessary, to extend the time of the application by either party provided due notice has been given by that party to the other party. These are the provisions enabling the court to fill in the details of any revocation. The second Amendment gives equivalent powers in respect of Scotland.

Question put and agreed to.