§ Question proposed, That the Clause stand part of the Bill.
§ 10.45 p.m.
§ Mr. Graham PageThis Clause retains what lawyers practising in this branch of the law know as "old control". This is control which has existed since before 1939, and the Bill keeps it alive by subsection (1) and Schedule 14 which refers to the Act of 1920, the Act of 1939 and the Act of 1957. The first two are wholly repealed by the Bill, and all but one Section of the 1957 Act is repealed. We are therefore having to refer back to old Statutes which are repealed by this Bill. This cannot be a satisfactory form of consolidation. Indeed the draftsman pointed out to the Joint Committee that he had to retain "old control" although when he was asked:
Is the situation that but for this one point now regarding land let with a dwelling house, the whole concept of old control is really quite meaningless and obsolete?the reply to that was:That is substantially the position.Here again we are perpetuating a difficult part of the law which is swarming with anomalies and which could have been left out altogether by being tidied up first.
§ The Solicitor-GeneralWithout notice I cannot immediately check on what the 643 draftsman was asked and what he said in reply in this instance. The point which arises here seems to be the point which we had to deal with earlier. It is this: if one is to have consolidation and if there is in past law a provision which is still in effect, however small the effect may be, if pure and proper consolidation is to take place that provision of the law must be reproduced in the Bill.
§ Question put and agreed to.
§ Clause ordered to stand part of the Bill.