HC Deb 26 July 1963 vol 681 cc2000-2

Lords Amendment: In page 35, line 12, leave out from "may" to "compliance" in line 14 and insert:

  1. "(a) exempt the premises or any room therein from all or any of the requirements imposed by the said sections 5(2) and 6;
  2. (b) exempt the premises from all or any of the requirement imposed by the said section 9;
if satisfied that, in the circumstances effecting the subject of the exemption".

Mr. Whitelaw

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

There are a number of other Amendments to this Clause, which are all consequential, and perhaps I might suggest that we take them together. They are the Amendments in page 35, line 23, in page 35, line 41, in page 36, line 15, in page 37, line 1, in page 37, line 13, in page 37, line 24, in page 27, line 40, in page 38, line 22, and in page 39, line 5.

Mr. Speaker

Yes, if the House so pleases.

Mr. Whitelaw

The purpose of this Amendment is to confer on enforcing authorities a power to exempt rooms in individual premises from the requirements of Clauses 5(2) and 6. It will enable inspectors to limit their exemptions in respect of space and temperature to the actual rooms where it is not reasonably practicable to comply with these requirements and to leave the rest of the premises concerned outside the exemption. This corresponds to the extension of the Minister's powers under Clause 45 to which the House has just agreed, and the same arguments apply.

Mr. Prentice

The Parliamentary Secretary says that the same arguments apply to this Amendment as to the earlier ones on exemptions. Our view is similar to the view I expressed when dealing with those Amendments, because again we hope that as little use as possible will be made of this exemption power.

I am grateful for the assurance given by the right hon. Gentleman on the point that I made previously. This Clause deals with the powers of enforcing authorities in making local exemptions. Therefore, while the Minister may have the best intentions—although we are not always sure about that—some local authorities may take a different view. I hope that the Minister will be very vigilant in respect of the use made by local enforcement authorities of this more selective power of exemption.

12.30 p.m.

In another part of the Bill it is laid down that these authorities will make reports to him, and this will enable his Department to compare the use made of all the powers in the Bill by various authorities throughout the country. I hope that the Minister will see that the selective power contained in this Amendment is used as he said he would use the wider power that he has under the previous Clause.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: In page 35, line 44, after "made" insert "to the appropriate authority".

Mr. Whitelaw

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

Perhaps we could discuss at the same time the Amendment in page 39, line 11. Clause 46 deals with the power of enforcing authorities to grant exemptions to individual premises from certain requirements, and subsection (5) sets out part of the procedure for making application for an exemption certificate. The subsection states that the application should be made on a prescribed form, but does not specify to whom the form should be sent. The purpose of these Amendments is simply to identify the appropriate authority to whom the application form should be sent.

Question put and agreed to.

Subsequent Lords Amendments agreed to.