HC Deb 10 July 1964 vol 698 cc795-6

Lords Amendment: In page 40, line 16, after the words last inserted insert new Clause B (Increase in controlled rent in respect of improvement under Part II): B.—(1) In the case of an improvement effected in compliance with an immediate improvement notice or a final improvement notice or an undertaking accepted under this Part of this Act, section 2(1)(a) of the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 (increase for improvements) shall have effect subject to the provisions of this section. (2) If a standard grant under section 19 of the Act of 1959 in respect of the improvement, although obtainable, has not been obtained, the said section 2(1) (a) (under which the amount of the permitted increase in rent in respect of expenditure incurred by the landlord on the improvement of a dwelling-house to which the said Act of 1920 applies is limited to an amount calculated at a rate per annum not exceeding twelve and one half per cent. of the amount so expended) shall apply as if for the reference therein to the amount expended on the improvement there were substituted a reference to that amount diminished by a sum equal to what the amount of the said standard grant would have been if it had been obtained. (3) In any proceedings relating to the increase permitted by the said section 2(1)(a) in respect of the improvement it shall be assumed, until the contrary is proved, that a standard grant was obtainable in respect of the improvement. (4) The local authority shall, at the request in writing of the landlord or the tenant, give to him an estimate in writing of what the amount of the standard grant would have been if it had been obtained, and for the purposes of any such proceedings that estimate shall be sufficient evidence of what that amount would have been. (5) In this section ' landlord ' and ' tenant' have the same meanings respectively as in the said Act of 1920.

Mr. G. Campbell

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

This is the Amendment which does the same for Scotland as does the previous new Clause for England and Wales.

12.45 p.m.

Mr. M. Stewart

My hon. Friend the Member for Glasgow, Craigton (Mr. Millan) regrets very much that he is not able to be with us this morning. At this stage, so do I. I am very glad to learn that this is the Scottish equivalent, even if, to somebody not expert in these matters, that is not immediately apparent. I notice, for example, that there is a reference to one-half of 1 per cent. I thought that in Scottish Clauses the full phrase per centum was used. This may have misled me.

Am I right in thinking that the legislation referred to in this new Clause is United Kingdom or, at any rate, Great Britain legislation, and that, therefore, we can be sure that the Clause would apply and can be administered without difficulty under Scottish law? I ask because I believe that some of my hon. Friends for Scottish constituencies were a little doubtful on this point.

Mr. G. Campbell

I can give the hon. Gentleman that assurance, that references to United Kingdom enactments would not give difficulty. I should like to say straight away that I realise why the hon. Gentleman has found some difficulty in identifying these new Clauses, because the words "England and Wales" have not been included in the rubric to the immediately preceding new Clause, and the word "Scotland" is not in the rubric to this one. This will, I understand, be put right. I realise why the hon. Gentleman did not immediately recognise that this is a Scottish Clause, but I can assure him on the point which he has raised.

Question put and agreed to.