Lords Amendment No. 3: In page 30, line 8, leave out from "to" to end of line 9 and insert:
any change in the state of the dwelling between the date of the issue or refusal of the certificate and the date of the hearing,".
§ Dr. Dickson Mabon
I beg to move, That this House doth agree with the Lords in the said Amendment.
2195 This Amendment was made in another place to meet a point raised by the hon. and learned Member for Edinburgh, Pentlands (Mr. Wylie) during our discussion on Report. He was concerned that the Clause as originally drafted would require the sheriff to be satisfied as to the state of the dwelling at the time both of the local authority's decision and of the hearing of the appeal. The Amendment makes it clear that he need only consider any changes in the state of the dwelling between the two dates.
If there has been no change the sheriff has only to consider the facts which led the local authority to grant or refuse the certificate. If there has been a change—for example, if in the interim the landlord has carried out repairs or the dwelling has deteriorated—the sheriff can take into account the new circumstances, but new evidence need only relate to the change in circumstances. I am obliged to the hon. and learned Member for Edinburgh, Pentlands, for pointing out this defect.
§ Mr. N. R. Wylie (Edinburgh, Pentlands)
I thank the Minister for promoting this Amendment in another place. I am sorry that the defect was not spotted earlier, and was raised only on Report. I appreciate that this was the only way to deal with it. I am also grateful to the Minister for writing to me about it.
§ Question put and agreed to.