§ Mr. MillanI beg to move,
That Clause 3 be divided into two Clauses, the first consisting of page 4, lines 24 to 34, and the second of page 4, line 35, to page 5, line 14.I think that it is suitable to take the Amendments together, because basically this is a series of drafting Amendments.The Amendments discharge an undertaking I gave in Standing Committee that the proposed new subsection (2) of Section 19 of the 1962 Act should more properly be included in Section 20, as an hon. Member opposite had suggested. I said that his point had validity and that I thought it better to make this transfer. The series of Amendments puts the appropriate subsection in Section 20 of the 1962 Act, rather than in Section 19, and I am sure that that will be acceptable to the House.
§ Mr. MacArthurThe hon. Gentleman has explained that the purpose of these Amendments is to honour an undertaking he gave in Committee and I am grateful to him for them. They fully discharge that undertaking. The point is that the sequence of requirements laid down in the Clause as it stands is unsatisfactory. We pointed out that it would make more sense if a separation of the kind now proposed was made. I am obliged to him for following our proposal.
While I appreciate his response, I am sorry that the hon. Gentleman has not 594 felt able to respond in the same way to some of the proposals we made about the need to rephrase Clause 1. I hope, however, that, when the consolidating legislation which we expect sees the light of day, the whole scope of education legislation in Scotland covered by this Bill and other Acts will be much simplified.
§ Amendment agreed to.
§ Further Amendments made: No. 4, in page 4, line 24, leave out 'subsections (1) and (2)' and insert 'subsection (1)'.
§ No. 5, in page 4, line 26, leave out 'subsections' and insert 'subsection'.
§
No. 6, in page 4, line 35, leave out '(2)' and insert:
In section 20 of the principal Act (acquisition of land and execution of works), after subsection (1) there shall be inserted the following subsection:
'(1A).—[Mr. Millan.]
§ Mr. MillanI beg to move Amendment No. 7, in page 5, line 10, leave out "by regulations made by the Secretary of State".
The effect of the Amendment is to remove the requirement that the form and content of all applications for approval for school building projects must be prescribed in regulations. Under the present School Building Code, which is not the subject of regulations but an administrative handbook, the matter of the form and content of applications is dealt with in this non-statutory way.
If we were to leave the Clause as it stands, we would have to prescribe the form of statutory regulation and this is obviously inflexible and unsatisfactory. It is easier to do these things by administrative document than by Statutory Instrument. The form will still be prescribed and, in accordance with Section 145 of the 1962 Act, will be prescribed by the Secretary of State. But it will not be done by way of Statutory Instrument. This is, therefore, basically a drafting Amendment to keep the requirements in line with present practice, which works satisfactorily.
§ Amendment agreed to.