HC Deb 30 June 1965 vol 715 cc689-90
Mr. MacColl

I beg to move Amendment No. 29, in page 12, line 17, after "of" to insert "subsection (1) of".

This Amendment and Amendment No. 30 go together, and deal with a point raised in Committee by my hon. Friend the Member for Birmingham, Aston (Mr. Julius Silverman).

This part of the Clause deals with the default powers exercised by the Minister against the local authority in relation to the preparation of its scheme. My hon. Friend asked what happened if the clerk failed to carry out his function in the appointment of the rent officer. I said at the time that I believed that the point would be covered by the terms of the Clause, but for the sake of avoidance of any doubt we now propose to put in a new subsection which makes it clear that the same sort of precautions can be taken in the case of a complete breakdown by the clerk refusing to carry out his duty.

I do not think that this is very likely to happen, but it is as well to have the power. It is equally true if the local authority fails to carry out this function. This is a precaution against something which, we hope, will never arise.

Mr. Graham Page

In Amendment No. 30 the Minister takes power to appoint some other person in place of the clerk. What class of person has the Minister in mind to take the place of the clerk?

Mr. MacColl

It is difficult to say until one sees the actual lie of the ball when the situation arises—whether it is a complete breakdown in the whole area, or merely a rather awkward local government officer.

Mr. Graham Page

Does the hon. Gentleman say that he wants to see the lie of the ball before appointing an outside left or an inside right?

Mr. MacColl

In one case it might be another chief officer of the same authority and in another case it might be someone from a neighbouring authority, according to what the attitude of the local authority was. One does not expect this situation to arise but, if it does, provision of the maximum amount of flexibility is probably the best way of tackling it.

Amendment agreed to.

Further Amendment made: In page 12, line 22, at end insert: (3) If the Minister is of opinion that the clerk to the local authority has failed to carry out any functions conferred on the clerk by a scheme under section 17 of this Act he may (after consultation with the local authority) exercise his power under subsection (6) of that section by making a scheme providing for all or any of the functions otherwise exercisable by the clerk to be exercised by some other person.—[Mr. MacColl.]