Clause 50 (Hansard, 17 July 1972)

§ Mr. Speed
I beg to move, Amendment No. 549, in page 27, line 38, after 'functions', insert: 'under this Part of this Act

Mr. Deputy Speaker
With this Amendment it will be convenient to discuss Government Amendment No. 551.

§ Mr. Speed
The objects of these Amendments are much the same as that of the previous two Amendments. These parallel Amendments, operating again for England and Wales respectively, qualify and limit the escape provision under which a district can avoid considering a request by an interested parish or community council, or a parish or community meeting, for a review of parish or community boundaries or areas.
The Amendments have been tabled in fulfilment of an undertaking given in 163 Committee as a result of a point raised by the right hon. Member for Deptford (Mr. John Silkin). I can go into details, but the main point was that the Clause as originally drafted gave a very wide discretion to councils whether to take action in such cases. My right hon. Friend the Minister replied that that intention was that the phrase within the Clause should relate to their functions under Part IV and he promised Amendments to make that clear.
The purpose of the escape provision which is included in the subsection is to protect the district against claimant parishes or communities which might be making such sectional claims where the districts are working their way through the parish-community pattern. If a district abused the amended provision by using it as an excuse to fall back on the job, the parish-community could ask the Secretary of State, either direct or through the commission, to use his power of direction, which is contained in Clause 51(2) for England and Clause 58(2) for Wales. The Amendments meet the point properly pointed out in Committee by the right hon. Gentleman.