HC Deb 25 July 1963 vol 681 cc1937-40

Lords Amendment: In page 122, line 1, leave out from "the" to end of line 2, and insert: date of the passing of this Act for any electoral area situated wholly or partly in Greater London, unless before that date the office has been declared to be vacant or notice of the vacancy has been given under section 67(1) of the Local Government Act, 1933; and any such councillor elected for any such electoral area on or after that date to fill a casual vacancy occurring before that date shall (unless he resigns his office or if otherwise becomes vacant) continue to hold office until 1st April, 1965.

Miss Pike

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

This is a consequential Amendment, but it may be convenient if I give some explanation of its purpose. In the Bill as passed by the Commons, paragraphs 6(1) and 10 of Schedule 3 to the Bill prevent an election from being held after the passing of the Bill in respect of any office which is to disappear after 1st April, 1965. But Section 67(1) of the Local Government Act, 1933, and Section 42(1) of the London Government Act, 1939, in providing for an election to be held within 30 days of the date on which the High Court or the local authority declare the office vacant or on which notice of the vacancy is given in writing by two local government electors, requires all the arrangements for holding an election to be put in hand in respect of a casual vacancy occurring before the Bill is passed. If the Bill receives the Royal Assent on 31st July then, unless the Amendments were made, an election which was to be held on 1st August could not, in fact, be held, and there would have been work and expense for nothing.

The Amendments therefore provide for the elections to be held as if the London Government Bill had not been passed, and for the councillors elected to fill the casual vacancies to remain in office until 1st April, 1965, which is the day on which the councillors mentioned in paragraphs 6(1) and 10 would have gone out of office.

The final Amendment is a drafting Amendment, to make it clear that the reference to …councillor elected for any such electoral area… means a councillor elected for an electoral area of Hertfordshire or Chigwell which is wholly or partly in Greater London.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: In page 132, line 14, at end insert: 39. After section 287 there shall be inserted the following sections: — Service of notice by local authority. '287A.—(1) Any document to which this section applies, being a document required or authorised to be served on any person, shall be deemed to be duly served—

  1. (a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business, and is either—
    1. (i) sent by post, or
    2. (ii) delivered at the registered office, or at the principal office or place of business of the company;
  2. (b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either—
    1. (i) sent by post, or
    2. (ii) delivered at the said place of business;
  3. (c) where the person to be served is a public body, or a corporation, society or other body, if the document is addressed to the clerk, secretary, treasurer or other head officer of that body, corporation or society at its principal office, and is either—
    1. (i) sent by post, or
    2. (ii) delivered at that office;
  4. (d) in any other case, if the document is addressed to the person to be served, and is either sent to him by post or delivered at his residence or place of business.
(2) Any document to which this section applies, being a document required or authorised to be served on the owner or occupier of any premises may be addressed "the owner" or "the occupier," as the case may be, of those premises (naming them) without further name or description, and shall be deemed to be duly served—
  1. (a) if the document so addressed is sent or delivered in accordance with paragraph (d) of the following subsection; or
  2. (b) if the document so addressed, or a copy thereof so addressed, is delivered to some person on the premises or, where there is no person on the premises to whom it can be delivered, is affixed to some conspicuous part of the premises.
 (3) Where a document to which this section applies is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding five pounds. (5) This section applies to any notice, order or other document which is required or authorised by any enactment or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable. (6) For the purposes of this section, a notice, order or other document shall be deemed to be a notice, order or other document which is required or authorised to be served on a person if it is required or authorised to be notified, given or transmitted, or (in the case of a demand) if it is required or authorised to be made, to that person, and in this section the expression 'served' and 'service' shall be construed accordingly.

Mr. Corfield

The first paragraph inserted here applies to all local authorities in England and Wales, and derives from Section 183 of the London Government Act, 1939. The second paragraph derives from Section 184 of that Act, and allows notice of documents to be sent by the clerk or various other officers and permits the use of facsimile signatures. The first paragraph makes general provision for the service of notices, and specific matters laid down in the particular Act.

Question put and agreed to.