HC Deb 14 April 1967 vol 744 cc1520-2
Mr. Sandys

I beg to move Amendment 18, page 2, line 39, to leave out from 'the' to end of line 40 and to insert `commencement of this Act'.

This Amendment paves the way for Amendment No. 51.

Amendment agreed to.

Mr. Sandys

I beg to move Amendment No. 19, in page 2, line 40, at the end to insert: (2) In subsection (3) of section 62 of the Planning Act and subsection (5) of section 27 of the Scottish Planning Act (which penalise the execution of works, in contravention of a building preservation order, by any person being the owner of the relevant building or a person on whom a copy of the order has been served) the following words are hereby repealed, that is to say—

  1. (a) in the said subsection (3) the words from 'being' to 'made'; and
  2. (b) in the said subsection (5) the words from 'being' to "served';
but in any proceedings for an offence under either of those subsections it shall be a defence to prove that the person charged did not know and could not reasonably be expected to have known that the building preservation order in question had been made. Section 62(3) of the Town and Country Planning Act, 1962, makes it an offence for the owner of the building to contravene a preservation order. During our discussions in Committee, the view was expressed that it should be an offence not merely for the owner, but for any person, to contravene such an order unless he could prove that he was not aware of the existence of the order. That is the purpose of the Amendment.

Amendment agreed to.

Mr. Sandys

I beg to move Amendment 20, in page 3, line 10, at the beginning to insert 'and'.

Mr. Speaker

With this Amendment, we will consider also Amendment 21 in page 3, line 11, after 'shall', insert 'in particular", and Amendment 22, in line 12, leave out from 'which' to end of line 13 and insert: has accrued or appears likely to accrue to the offender in consequence of the offence"'

Mr. Sandys

These are largely drafting Amendments. The purpose of Amendment 21 is simply to make clear, as was always intended, that the financial benefit is not the only factor to be taken into account in fixing the amount of a fine to be imposed under subsection (2) of the Clause.

Amendment agreed to.

Further Amendments made: No. 21, in page 3, line 11, after 'shall', insert 'in particular'.

No. 22, in page 3, line 12, leave out from 'which' to end of line 13 and to insert: has accrued or appears likely to accrue to the offender in consequence of the offence"'—[Mr. Sandys.]