HC Deb 08 March 1967 vol 742 cc1696-8

Amendments made: No. 89, in page 21, line 33, after 'persons', insert: 'who has or have become beneficially entitled to the interest in land in question'.

No. 90, in line 35, after 'shall', insert: 'subject to subsection (1B) of this section'.

No. 91, in line 44, leave out from first 'the' to 'date' in page 22. line 1.

No. 93, in page 22, line 8, leave out from beginning to 'if' and insert: (1A) Where, after a person has borrowed, or two or more persons have borrowed jointly, as mentioned in section 23(1) or 24(1) of this Act, the rights and obligations under the repayment contract of the borrower (or, in the case of joint borrowers, of both or all of them) become or have become vested in some other person or persons not beneficially entitled to the interest in land in question and no option notice has had effect in respect of the loan—

  1. (a) the Minister may exercise his powers to give a direction under subsection (3A) of the said section 23, and
  2. (b) thereupon subsections (2) to (4) of that section shall, subject to subsection (1B) of this section, apply in relation to the loan,
as if for any reference in the said subsections (2) to (4) to the borrower or borrowers there were substituted a reference to that other person or those other persons and as if the reference in the said subsection (3A) to the conditions specified in subsection (3)(a) and (b) of the said section 23 included a reference to the condition specified in subsection (3)(c) of that section. (1B) An option notice given by virtue of subsection (1) or (1A) of this section.—[Mr. MacColl.]

12 m.

Mr. MacColl

I beg to move Amendment No. 97, in page 23, line 24, to leave out 'either' and insert 'the Commons'.

I hardly dare move the Amendment in the absence of the hon. Member for Crosby (Mr. Graham Page) for it is a real "Crosby point" In the Clause there are two powers to make regulations. In subsection (2) the procedure for co-operative housing associations to receive a subsidy is controlled by regulations. Under subsection (3) regulations are made to deal with necessary modifications where houses are being bought from a local authority or new town corporation or The Commission for the New Towns.

These powers must be exercised by Statutory Instrument, but the Bill as drafted provided that it is subject to the negative Resolution procedure by either House. We are now advised that the exercise of those powers would be to increase the money paid out of Exchequer funds, and therefore that this should be a matter under the control of this House and not of the other place.

Mr. Channon

I agree with the Parliamentary Secretary that it is almost an impertinance to move the Amendment in the absence of my hon. Friend the Member for Crosby (Mr. Graham Page), who would have been able to advise us on whether it was proper. I rather suspect that the hon. Member for Fife, West (Mr. William Hamilton), whose views on the House of Lords are well known, had some influence on the Parliamentary Secretary.

I do not know what the other place will think of the Amendment, and I hope that we shall not have to deal with the matter as a Lords Amendment. Noble Lords are very touchy about their powers and rights these days, and it seems to me an unnecessary offence to the other place. But if the Parliamentary Secretary assures us that the Amendment is in accordance with precedents, I do not think that we need delay the House over it as it is now very late.

Amendment agreed to.