HC Deb 24 July 1969 vol 787 cc2199-200

Lords Amendment No. 8: In page 26, line 39, leave out from beginning to end of line 41 and insert: (3) The following provisions shall apply on an appeal under this section, that is to say—

  1. (a) the court shall have regard to the state of the dwelling at the time of the hearing as well as at the time of the issue or refusal of the certificate; and
  2. (b) the court".

Mr. MacColl

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is a drafting Amendment. Hon. Members opposite were anxious to have these matters split. It was not possible to reach agreement on the form in which it should be done, but my hon. Friend the Parliamentary Secretary said that we would look at it again. The Amendment is the result of further consideration.

Mr. Graham Page

I am grateful to the hon. Gentleman. I only complain again that we were not given this Amendment at once. It was such a simple thing. However, we are grateful for it now.

Mr. Julius Silverman (Birmingham, Aston)

Can my hon. Friend elaborate on the effect of Amendment No. 8 on the Clause? Does it mean that, although the premises were not fit at the time of the issue of the certificate in the first place, a certificate may be granted subsequently by the court, and, if so, what will happen regarding any costs at the hearing of the case?

Mr. MacColl

The Amendment does not alter the content of the Bill. The court has discretion as regards the state of the building and costs under the Bill as drafted. Those discretions are treated separately in this way. On the general point which my hon. Friend raises, it is within the discretion of the court.

Question put and agreed to.

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