HC Deb 20 July 1965 vol 716 cc1530-3

Lords Amendment No. 1: In Clause 3, page 3, line 18, at end insert: (2) For the purposes of section 6(1) of the Rating and Valuation (Miscellaneous Provisions) Act 1955, and of the corresponding Scottish enactment, gas supplied by the Gas council to consumers at, or manufactured by the Council at, a place in Great Britain shall be treated as having been supplied or manufactured, as the case may be, by the Gas Board in whose area that place is situated.

12.48 a.m.

The Parliamentary Secretary to the Ministry of Power (Mr. John Morris)

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

I suggest that it might be convenient for the House to discuss at the same time Amendment No. 7, in Clause 3, page 5, line 8, to leave out from beginning to "1955" in line 11 and insert: Section 24(1) of the Valuation and Rating (Scotland) Act 1956 is the Scottish enactment corresponding to section 6(1) of the Rating and Valuation (Miscellaneous Provisions) Act 1955, Schedule 4 to the said Act of 1956 is the Scottish enactment corresponding to Schedule 3 to the said Act of Amendment No. 7 is consequential on the first in that it refers to the Scottish position. The object of the Clause is to ensure that the gas industry pays the same amount of rates whether the maker or supplier of gas be the Gas Council or an area gas board. The Amendment ensures that when the Gas Council exercises its powers under the Bill it will come under the same formula as a gas board; that is as occupying a notional hereditament.

Mr. David Webster (Weston-super-Mare)

Having moved just such an Amendment in the Standing Committee, I am very delighted that the Minister should now have accepted it.

Question put and agreed to. [Special entry.]

Subsequent Lords Amendment agreed to. [Special entry.]

Lords Amendment No. 3: In Clause 3, page 3, line 42, leave out "the gas works" and insert: a gasworks of the Gas Council".

Mr. John Morris

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

With this Amendment, Mr. Deputy Speaker, it might be for the convenience of the House to discuss the Amendment in Clause 3, page 3, line 44, at end insert: as they apply where a gasworks of a Gas Board is so situated".

Mr. Deputy Speaker

I have no objection, if the House has no objection.

Mr. Morris

The present position is that where a gas board's gasworks is situated partly in the area of one rating authority and partly in that of another, provision is made in the rating law to deal with the situation, and it is sought by this Amendment to ensure that a gasworks operated by the Gas Council is put in a similar position.

Mr. Nicholas Ridley (Cirencester and Tewkesbury)

I am grateful to the hon. Member for his explanation. Could he tell us what happens when the gasworks is situated on the Border—and partly in England and partly in Scotland? I am sure that he has advice forthcoming from his colleague from the Scottish Office, and we should like to be instructed in the position, having regard to the great care with which the Parliamentary Secretary has gone into the matter.

Mr. John Morris

The case of a gasworks, whether it be the property of a gas board or of the Gas Council, which is situated partly in the area of one local authority and partly in that of another, is covered by the present legislation. I see no difference whether it be in Scotland or in England. The legal provision for dividing the rating charge is well known.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment No. 5: In Clause 3, page 3, line 45, leave out from first "of" to end of line and insert: section 11(3) of the Local Government Act 1958".

Mr. John Morris

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

This is a drafting Amendment. There is nothing I can add by way of explanation except to say that, by reason of an Amendment already agreed to, there is a lengthening of the sentence in the original reference to Section 11. The purpose of this Amendment is to clarify further the position.

Question put and agreed to.

Lords Amendment No. 6: In Clause 3, page 4, line 47, at end insert: () In this section, in its application to England and Wales, expressions used in the Rating and Valuation Act 1925 have the same meanings as they have for the purposes of that Act and, in its application to Scotland, expressions used in the Valuation and Rating (Scotland) Act 1956 have the same meanings as in the said Act of 1956".

Mr. John Morris

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

There was concern expressed in another place about the use of the word "rate" as it was felt that it should not include the drainage rates. One method of dealing with this point might have been to ensure that "drainage rates" were expressly excluded, but that would have resulted in complications in regard to other rates. This Amendment has therefore been tabled to make the position absolutely clear.

Question put and agreed to.

Lords Amendment No. 7: In Clause 3, page 5, line 8, leave out from beginning to "1955" in line 11 and insert: Section 24(1) of the Valuation and Rating (Scotland) Act 1956 is the Scottish enactment corresponding to section 6(1) of the Rating and Valuation (Miscellaneous Provisions) Act 1955, Schedule 4 to the said Act of 1956 is the Scottish enactment corresponding to Schedule 3 to the said Act of".

Mr. John Morris

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

Mr. Webster

May I simply say again, as seemingly the only person who spoke up for Scotland in Standing Committee, and having had no assistance from any Scottish Member on the Government side, from any Law Officer or Scottish Minister—and I am not sure that any Scottish Minister is present now—how much I appreciate that the Lords have done something for Scotland in the Amendment.

Question put and agreed to. [Special entry.]

Subsequent Lords Amendment agreed to.

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