HC Deb 27 June 1961 vol 643 cc377-8
Sir K. Joseph

I beg to move, in page 18, line 18, at the end to insert: (2) Notwithstanding the foregoing subsection, if before the expiration of the time mentioned in that subsection the person on whom the notice was served notifies the local authority in writing that he does not intend to do the work in question, the local authority may, if they think fit, themselves do the work forthwith. This Amendment arises from a very helpful suggestion from the hon. Member for Paddington, North (Mr. Parkin), who said that it was a shame that a local authority might have to wait to use its default powers to carry out works under Clause 17 until the end of the period which it had allowed the owner or the occupant of the house to do so, if the owner or occupant never intended to carry out the work. My right hon. Friend undertook to look into that suggestion and this Amendment is the result.

The House will observe that this Amendment would advance the date at which the local authority might use its default powers in a case in which the person on whom the works notice was served notified the local authority in writing that he did not intend to do the work; and the local authority thought fit to do the work at once instead of waiting until the end of the period. It is important to note that the local authority is given the discretion. It is empowered to do this and it will have to decide whether it is a suitable case.

My right hon. Friend has in mind the absolutely clear case as being the most suitable, a case in which the freehold of the house is in the hand of the person on whom the notice is served and where there are no complications or other interests involved. In such a clear case there would be considerable advantage in the local authority being able to advance the date if the person on whom the notice had been served definitely indicated that he did not intend to do the work. With those qualifications, my right hon. Friend thinks that this would be a useful addition to the powers of the local authorities, and he hopes that the Amendment will be accepted.

Mr. M. Stewart

It is a pity that my hon. Friend the Member for Paddington, North (Mr. Parkin), who has contributed so notably to the improvement of this Bill, is not able to be with us at this particular moment. We are very glad that the Government have seen fit to adopt the suggestions he has made. That shows how much better we get on when the Government accept advice from this side of the House in general and from my hon. Friend in particular. We are liable to get on better when the Government display confidence in public enterprise and the capacity of local authorities to get on with the job. It is that kind of Amendment we have been pressing, and we are very glad that on this occasion we have the Government with us.

Amendment agreed to.