HC Deb 15 July 1964 vol 698 cc1294-5

Lords Amendment: In page 7, line 36, leave out "in accordance with this section" and insert "under this subsection".

Mr. du Cann

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

It would be convenient to discuss, at the same time, the Amendment in page 7, line 43, leave out "in accordance with this section" and insert "under this subsection".

Mr. Deputy-Speaker

If that is agreeable to the House.

Mr. du Cann

These are purely drafting Amendments and make no change of substance. The Clause makes provision for two distinct types of application—late applications for exemption under subsection (1), and applications for the review of previous decisions of the Court under subsection (2). The Amendments ensure that the proper distinction is drawn between them.

Question put and agreed to.

Lords Amendment: In page 7, line 39, leave out from "class" to end of line 41 and insert: not being goods of which particulars are entered in the register kept under the said section 6 or goods in respect of which a previous application has been made under this subsection".

Mr. du Cann

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

This Amendment makes two minor modifications in the provisions for late applications for exemption. The first is an endeavour to make matters easier for the supplier who wants to know whether he is entitled to make a late application. We think that the easiest way for him to do this is by looking at the lists published by the Registrar. As the Clause is amended, there will be no need for him to concern himself with the form in which the notice is given. I hope that the House will think that is a real benefit upon those who wish to make late applications.

8.0 p.m.

The second point is to arrange a more logical system. As the Clause stands, if a late application for an exemption order has been turned down the supplier could make further application under Clause 7(1) and would not be required to show a material change in the relevant circumstances since the earlier decision. The only right course would be an application for review of the court's earlier decision under Clause 7(2), for which purpose, of course, it would be necessary for the applicant to begin by showing prima facie evidence of a material change in the relevant circumstances. I hope that the House may think so.

In sum, there are two purposes. The first, I hope, will make life a little easier for the supplier who wants to know if he is entitled to make a late application; the second, to make certain that we are, in fact, applying the right system.

Mr. W. Wells

We agree that this is an improvement, one of several improvements to the Clause.

Question put and agreed to.

Subsequent Lords Amendment agreed to.