HC Deb 10 July 1964 vol 698 cc791-2

Lords Amendment: In page 29, line 4, leave out "or section 21(2)" and insert: section 21(2) or section 22(1)".

Mr. G. Campbell

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

The purpose of the Amendment is to make clear that the owner of a Scottish tenement dwelling can give to a local authority an undertaking that he will carry out improvement works at any time before an improvement notice is served on the dwelling and to ensure that if he does so, the local authority is not debarred from serving an improvement notice later if the undertaking is not fulfilled.

Question put and agreed to.

Lords Amendment: In page 29, line 34, leave out from "modifications" to end of line 38.

Mr. G. Campbell

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

The Amendment removes words which, on further consideration, are not thought to be necessary.

Mr. M. Stewart

If the words which it is proposed to remove are not necessary, why was the earlier Amendment required? Do we understand that as a result of this Amendment, subsection (7) of the Clause will in future apply to a dwelling referred to in Clause 22? The Bill states that this Clause shall not apply to such a dwelling. We are proposing to remove that. Presumably, therefore, once the Amendment is made, the Clause would apply to such a dwelling.

That, I suppose, explains why we made the earlier Amendment to incorporate in the Clause a reference to Clause 22. Why, however, is all this necessary when acceptance of undertakings to carry out works on dwellings in Scotland is already dealt with in the next Clause, Clause 25? It is difficult to fit these two Amendments and Clause 25 as it now stands together.

Mr. G. Campbell

Under subsection (1), the Clause applies only before an improvement notice has been served. It is, therefore, unnecessary to say in subsection (7) that it shall not apply where an improvement notice has been served under Clause 22.

The hon. Member for Fulham (Mr. M. Stewart) has raised the question of Clause 25. Clause 24 deals with undertakings to carry out improvements given before the service of improvement notices. This is the general procedure in England, but if it is convenient to do so there is no reason why it should not be applied to tenements as well. Clause 25 deals with the special case of undertakings to carry out work given after an improvement notice has been served and applies only to tenements in Scotland. No similar procedure is required for other houses because in their case the procedure before notice has been served ensures that every opportunity has been given to arrange undertakings.

Question put and agreed to.