§ Mr. Elystan MorganI beg to move Amendment No. 104, in page 44, line 42, after 'section', insert:
'or such earlier date (if any) as may be specified for the purposes of this paragraph in the order'.
§ 2.15 a.m.
§ Mr. MorganThe two Amendments result from an undertaking given to my hon. Friend the Member for Rowley Regis and Tipton (Mr. Archer) to accept in principle an Amendment moved by 1171 him in Committee on 6th May. Under Clause 44(4), the Secretary of State may require a local authority to run an assisted or controlled home where the voluntary organisation concerned has given the two years' notice which is required by subsection (1) of its intention to cease to provide the home and the managers are unable or unwilling to continue to run it until the expiry of the notice.
Amendment No. 104 enables the Secretary of State to require a local authority to run a home in these circumstances either until the expiry of the two-year period or for a shorter period specified by him. Obviously, there would be circumstances where it would be proper to have a much shorter period than the two years. An assurance can be given that the Secretary of State would consider the views of the local authority concerned before deciding how long the local authority should run the home.
Amendment No. 105 provides that where the home is run by the local authority for less than the full two-year period, it shall cease to be a community home on the local authority ceasing to run it.
§ Amendment agreed to.
§
Further Amendment made: No. 105, in page 45, line 10, at end insert:
'; and
(c) on the date or earlier date specified as mentioned in subsection (4)(b) of this section the home shall cease to be a community home'.—[Mr. Elystan Morgan.]