HC Deb 20 October 1966 vol 734 cc549-51
Mr. MacColl

I beg to move, Amendment No. 72, in page 39, line 6 to leave out from 'to' to the end of line 8 and to insert: 'that rate whether as originally made (in whatever form) or as it has been applied in relation to particular hereditaments'. Perhaps it would be for the convenience of the House if we took with this Amendment, Amendment No. 73.

These are both drafting Amendments. Before the war, the generally accepted view was that the rate was made by a resolution approving the rate book which set out the rate as applied to individual hereditaments. In the Rating and Valuation (Miscellaneous Provisions) Act, 1955, provision was made for the alternative of making a rate simply by fixing the poundage. Existing provisions in Section 52 of the 1948 Act and in earlier Acts are not easily reconciled with this alternative view and the opportunity has been taken to tailor the earlier provisions to fit. It is felt necessary to clear the matter up and the Amendment does so.

Amendment agreed to.

Further Amendment made: In page 39, line 9, leave out from '1948' to end of line 10 and insert: 'except in subsection (1)(c)(i) thereof, shall be construed as references to that rate as it has been applied as aforesaid, and in subsection (3) of the said section 52 for the words "originally made" there shall be substituted the words "first applied in relation to the hereditament in question or, as the case may require, as first amended in respect of that hereditament under paragraph (c) of that subsection"'.—[Mr. MacColl.]

Mr. MacColl

I beg to move, Amendment No. 74, in page 40, line 14, at the end to insert: 9. In section 13(2) of the Rating and Valuation Act 1925 after the word 'under' there shall be inserted the words 'subsection (1)(a) of.

Mr. Deputy Speaker (Sir Eric Fletcher)

I think that it would be convenient to take with this Amendment Nos. 75, 76, 77 and 78.

Mr. MacColl

Amendment No. 74 is a drafting Amendment. Section 1 of the 1925 Act refers to "an application for a certificate of the precepting authority" and to the precepting authority" applying for a receiver." The Amendment makes it certain that the Minister's power to make an application instead of its being made by the precepting authority refers to the application for a receiver.

Paragraph 26 withdraws from the Secretary of State for Wales certain powers for the purposes of the Amendment to ensure that any Instrument made between the date of making an application and its return to the Minister shall not become void.

Mr. Temple

Am I correct in understanding that you, Mr. Deputy Speaker, said that Amendment No. 78 is being taken with this one?

Mr. Deputy Speaker

I said that I thought that it would be convenient if Amendments Nos. 74 to 78 were taken together.

Mr. Temple

The Parliamentary Secretary slipped over Amendment No. 78 all too easily, because it draws attention to the extraordinary confusion of the Government. The Amendment seeks to put right the fact that certain powers were transferred from the Secretary of State for Wales to the Minister of Land and Natural Resources. The Amendment is putting the powers back again in the right place. It makes one wonder how many other powers were mistakenly transferred to the Minister of Land and Natural Resources.

But everything will be right very shortly. As we said when this Government came to office, there was no need whatever for such a Ministry. It lasted a couple of years, and I suppose that we are all happy that the powers are being taken away from the Minister and that the Ministry is being wound up. The Amendment indicates the amount of confusion in Government circles.

Mr. MacColl

The hon. Member for City of Chester (Mr. Temple) did not say that he would abolish the Secretary of State for Wales. We had to do this because there was a Secretary of State for Wales, whom we invented—and that is a feather in our cap.

Amendment agreed to.

Further Amendments made: In page 40, line 26, leave out 'section 18(4)' and insert 'sections 18(4) and 22(1)'.

In line 30, at end insert: and in the said section 57(1) the words "or residence" shall be omitted'.

In page 41, line 21, at end insert: 15. In section 48(2)(a) of the Local Government Act 1948 for the words 'either party' there shall be substituted the words 'one or more parties to the appeal'.

In page 42, line 26, leave out 'not be treated as transferred to' and insert: 'be exercisable by that Minister in relation to the whole of England and Wales and shall not be exercisable by'.—[Mr. Greenwood.]