HC Deb 26 July 1963 vol 681 cc1997-8

Lords Amendment: In page 32, line 36, at end insert: (6) Section 22 of this Act (except so far as relating to operations or processes) shall, with the substitution, for references to the occupier of the premises, of references to the persons who, between them, own the building, have effect in relation to a common part of a building to which this section applies, and to machinery, plant, equipment and appliances used in such a part, as it has effect in relation to premises to which this Act applies, and to machinery, plant, equipment and appliances used in such premises. (7) Where the occupier of premises comprised in a building in England or Wales to which this section applies is the defendant to a complaint made under section 22 of this Act with respect to the premises on the occupier of premises ground specified in subsection (1)(a) or (b) of that section a copy of the summons issued in consequence of the making of the complaint together with a notice stating that he will be entitled to appear at the hearing of the complaint shall be served on each of the persons who between them own the building in like manner as a summons falling to be served on him is required to be served and he shall, if he appears at the hearing, be deemed to be a defendant to the complaint; and the powers of the court under section 55(1) of the Magistrates' Courts Act 1952 shall be deemed to include power, whatever adjudication the court makes on the complaint, to order any of the parties to pay the whole or part of the costs of all or any of the others. (8) Where the occupier of premises com prised in a building in Scotland to which this section applies is a defender in a summary application made under section 22 of this Act in respect of the premises on the ground specified in subsection (1)(a) or (b) of that section, a copy of the application together with notice of the place, date and time fixed for the hearing of it shall be served on each of the persons who between them own the building and they shall thereafter be parties to the proceedings".

Mr. Whitelaw

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

This Amendment has the same purpose as those that I moved a few minutes ago to Clause 42.

Question put and agreed to.

Lords Amendment: In page 32, line 39, after "precautions" insert "(a)".

Mr. Whitelaw

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

This Amendment paves the way for the Amendment in page 32, line 41, which the House may find convenient to discuss at the same time.

Mr. Speaker

If the House wishes, so be it.

Mr. Whitelaw

Clause 29(5) states that a fire certificate issued with respect to any premises shall be sent to the occupier of the premises. Clause 43(6)—in the form in which it left this House—provided that in the case of plurally owned buildings reference to the occupier of the premises in the provisions relating to fire precautions should be replaced by references to the persons who between them own the building. It is not, however, physically possible to send a fire certificate relating to a set of premises to all owners who between them own the building. The Amendments therefore provide that in the case of buildings to which Clause 43 applies the fire certificate shall be sent to the person who owns the part of the building in which the premises are situated.

Question put and agreed to.

Subsequent Lords Amendments agreed to.