HC Deb 27 July 1965 vol 717 cc383-4
Mr. Corfield

I beg to move Amendment No. 17, Clause 6, in page 4, line 31, to leave out from "and" to the end of line 38 and to insert: if no appeal is brought against the confirmation or refusal, the registration shall, if it is confirmed, become final, and if it is refused, become void, at the end of the period during which such an appeal could have been brought; but if no appeal is brought, the registration shall not become final until the date on which the appeal is finally disposed of, and the registration shall have effect in accordance with the direction of the court". This is a straight redrafting. I submit the Amendment because I suggest that the Clause as drafted could hardly be clumsier, particularly in the latter part: and the registration shall, if it is confirmed, become final, and, if the confirmation is refused, become void—

  1. (a) if no appeal is brought against the confirmation or refusal, at the end of the period during which such an appeal could have been brought;
  2. (b) if such an appeal is brought, when it is finally disposed of."
I suggest that my drafting is very much better. If not, despite the doubts under the bed, I hope we shall be told why it is not.

Mr. Willey

We are obliged to the hon. Member for his gallant attempt, but I am sorry to tell him that it has a flaw. The flaw is that the last words of the Amendment do not make any provision for the case in which the court makes a registration void, in other words, upsets the decision of the Commons Commissioner by making the registration void.

The Clause is a little difficult to follow, but it is not easy to express this provision accurately without some difficulty. I must disappoint the hon. Member as his attempt fails because it does not cover the case where the court makes a registration void.

Mr. Corfield

This is not just a case of doubts under the bed but of dreams as well, because here we have clearly set out: with the direction of the court. This is very common form. In the Town and Country Planning Act we have this sort of thing where the Lands Tribunal deals with a claim to purchase in advance and so on. I cannot accept that this is something which is not dealt with elsewhere. The whole object of the court is to give an opportunity of declaring void as well as confirming a registration. I do not call this a very good explanation. I hope that the dreams may develop into nightmares and that we shall have a better answer, because the answer given so far does not make sense.

Mr. Deputy-Speaker

An attempt to improve Government drafting seems to fail. Is it your pleasure the Amendment be withdrawn?

Amendment, by leave, withdrawn.