§ 4.30 p.m.
§ Mr. GalbraithI beg to move, in page 20, line 24, after "served". to insert "(a)".
§ Mr. SpeakerIt will be convenient to discuss with this Amendment the next two Amendments, in line 26 and line 28.
§ Mr. GalbraithThe Amendments are moved mainly to implement the undertaking which I gave in Committee to meet the purpose of an Amendment moved by the hon. Lady the Member for Lanarkshire. North (Miss Herbison).
Subsection (7) of the new Section 9 of the 1950 Act, as set out in Clause 21, requires that any order made or notice issued under the Section should be served on the person having control of the house, the owner and the holder of a heritable security.
The main purpose of the second of the Amendments is to amend the absolute requirement of subsection (7) that orders and notices should be served on the holder of a heritable security, so that such service will not be required by the subsection if it appears to the local authority, after making inquiry under Section 168 of the 1950 Act, that there is no holder of a heritable security.
The new subsection to be inserted by the third of the Amendments simply applies the mechanics of section 168 for the purpose of subsection (7).
Paragraph (d) of the second Amendment makes a further small alteration by requiring that notices and orders should be served on the person who applies to the local authority under subsection (3) of the new Section (9) for determination by closing order or demolition order on the house concerned being made fit if the applicant is not a person otherwise covered by subsection (7).
The main object of these Amendments is the same as I am sure the hon. Lady had in mind. As we are working under a Guillotine, I hope that with that short explanation the Amendment will be acceptable to the House.
§ Miss HerbisonAs the Under-Secretary of State says, these Amendments meet points that we made. They are matters which the local authorities that would have to administer these affairs felt ought to be contained in the Bill, and I am sure that they will be grateful for these Amendments.
§ Amendment agreed to.
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Further Amendments made: In page 20, line 26, leave out from "building" to end of line 28 and insert:
(b) upon any other person who is an owner of the house, or. as the case may be. any of those houses:
(c) upon any person holding a heritable security over the house, or, as the case may be, any of those houses, unless it appears to the local authority, after exercising their powers under section one hundred and sixty-eight of this Act. that there is no such person: and
(d) where an application has been made in relation to the house, or, as the case may be, those houses, under subsection (3) of this section, by a person upon whom the order or notice is not required to be served apart from this paragraph, upon that person.
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In line 28, at end insert:
(8) Section one hundred and sixty-eight of this Act shall apply in relation to an order required by the last foregoing subsection to be served as it applies in relation to the notices mentioned in the said section.—[Mr. Galbraith.]