HC Deb 13 April 1964 vol 693 cc138-9
Mr. Corfield

I beg to move Amendment No. 159, in page 86, line 12, to leave out "thirty-five and to insert "forty-two".

I hope that this Amendment meets some criticism raised on the point in Standing Committee by the hon. Member for Central Ayrshire (Mr. Manuel):and others that the 35 days in the present print was too short. We had a considerable argument and eventually it was suggested that we might meet the criticism to the extent of a week or two. We have taken the generous end of the bracket and have gone from 35 days to 42 days, which, I hope, is a compromise which will be accepted.

Mr. Willis

The Amendment was sought by one of my hon. Friends for one of the Glasgow divisions. Glasgow argued that it required rather more time to go through the processes of the council. Even though the increase is small and does not go anywhere near what Glasgow asked for, nevertheless we are grateful for the small concession.

Amendment agreed to.

Mr. Corfield

I beg to move, in page 86, line 16, at the end to insert: Provided that if an appeal has been brought under this section, then, except with the leave of the county court, another appeal shall not be so brought, whether by the same or a different appellant, in respect of the same control order until the expiration of a period of six months beginning with the final determination of the first-mentioned appeal. The Amendment is designed to limit the load on the county courts and the number of appeals and the rapidity with which they can be brought on the same issue by different interested parties in the same property. The matter was first raised in Committee by the hon. Lady the Member for Wood Green (Mrs. Butler), who was supported, particularly with reference to the load on county courts, by my hon. Friend the Member for Crosby (Mr. Graham Page) and the hon. Member for Hayes and Harlington (Mr. Skeffington).

All that the Amendment does is to make it necessary for a prospective appellant to have the leave of the court if appealing within six months of the determination of another appeal in respect of the same order and the same premises. This is a considerable improvement on the original Bill.

Amendment agreed to.

Further Amendments made: In line 43, at end insert: (7A) if on an appeal under this section the county court decides to revoke the control order, the court may make an order under which the revocation does not take effect until the time for appealing against the decision of the county court has expired and until any such appeal brought within that time has been finally determined.—[Mr. Corfield.]

In page 87, line 29, at end insert: (b) subsection (7A) shall not apply.—[Mr. G. Campbell.]