HC Deb 01 November 1965 vol 718 cc829-30

Lords Amendment No. 36: In page 33, line 31, leave out paragraph 11.

Mr. MacColl

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

Mr. Speaker

I think that with this it would be convenient to take the Lords Amendment to Schedule 6.

Mr. MacColl

As you rightly point out, Mr. Speaker, this is a paving Amendment to the Amendment to Schedule 6 and in form what it says is that in Sections 10 and 11 of the 1933 Rent Act references to the principal Act shall be deemed to be references to what will be this Act. Section 10 deals with the publishing of information and the enforcement of such rights or the securing of performance of duties under the Act. Section 11 provides that the councils of county boroughs and county districts shall have power to institute proceedings for any offence. Under the Bill at present, those powers can be linked only with Parts I and II dealing with regulated tenancies. The Amendment would provide to link them with Parts III and IV dealing with harassment and miscellaneous matters.

There is a general power in Section 276 of the Local Government Act, 1933 for taking legal proceedings, and it is probably correct to say that that is enough authority for a council to take proceedings. On the other hand, we do not want any doubt about this. We want the local councils to take very seriously indeed their responsibility in taking proceedings under the new Act. Therefore, we think that it would probably be wiser to link specifically the other parts of the Bill to Sections 10 and 11, and that is what these Amendments do.

Mr. Graham Page

I think that I understand the position, that, as the Bill was originally drafted, this applied only to the alterations to the Rent Act, as they would apply to regulated tenancies. It is now desired that local authorities shall have the power to issue information, and to prosecute for any offence under the present Bill.

That means that they would have the power, under Part III, I assume, to take proceedings for harassment and to take proceedings in the case of any other offence under Part III. I assume that the local authority would have the power to take proceedings in connection with any offence in relation to rent officers and rent assessment committees. I cannot for the moment, put my finger on any particular offence occurring in the Schedules to the Bill, but there is the point that if there is an offence in connection with a scheme of regulation, it is the clerk to the local authority who is charged, and not the local authority itself. Should it not be the individual clerk who is in charge of the scheme who has this power instead of the general power given to a local authority to take action under the Sections of the Rent Act, which are introduced in this Amendment?

Mr. MacColl

This power is a very general power to take proceedings. There are very wide powers under the 1933 Act for protecting inhabitants of the area, and they are probably sufficient. I am in the same difficulty as the hon. Gentleman in that I cannot quickly think of any offence in which it would be necessary for the clerk to take proceedings. Therefore, I would take the advice of my right hon. Friend and not make the attempt to improvise.

Question put and agreed to.