HC Deb 20 July 1972 vol 841 cc1066-70

ADAPTATION, MODIFICATION AND AMENDMENT OF ENACTMENTS

Mr. Graham Page

I beg to move Amendment No. 843, in page 326, line 7, leave out from 'enactment' to end of line 8.

This is a paving Amendment to a later group headed by Amendment No. 844, in Clause 250, page 178, line 38, leave out from 'to' to 'any' in line 40 and insert 'subsection (2) below'.

I move this and leave the rest until we reach them.

Amendment agreed to.

Amendment made: No. 906, in page 327, line 15, at end insert: '4A. In any enactment or instrument to which paragraph 1 above applies any reference to a representative body of a parish—

  1. (a) as respects England, shall be construed as a reference to the parish trustees of the parish; and
  2. (b) as respects Wales, shall be disregarded'.—[Mr. Graham Page.]

Mr. Graham Page

I beg to move Amendment No. 841, in page 327, line 22, leave out from 'district' to end of line 25 and insert: 'be construed as a reference to each such area or, where the area is divided between more than one district, as a reference to each part of the area so divided; and (b) in the case of the areas mentioned in paragraph 3 of Part IV of Schedule 1 to this Act, be construed as a reference to each such area'. This is a drafting and tidying-up Amendment relating to references to urban parishes, which no longer exist.

Amendment agreed to.

Amendments made: No. 842, in page 327, line 29, at end add: 'or, where the area is divided between more than one district, as a reference to each part of the area so divided'.

No. 1004, in page 327, line 40 at end insert— '6.—

  1. (1) References in any enactment or instrument to district audit, to audit by a district auditor or to professional audit shall be construed, in relation to the accounts of a local authority or other public body, as references to audit in accordance with Part VIII of this Act.
  2. (2) Subject to the following provisions of this paragraph, the audit of the accounts of any public body (other than a body whose accounts fall within section 153(1) above) which by virtue of sub-paragraph (1) above are required to be audited in accordance with Part VIII of this Act shall, with respect to the financial year beginning on 1st April 1974 and subsequent financial years, be conducted—
    1. (a) by an approved auditor if, immediately before that date, the accounts of that body were subject to professional audit, and
    2. (b) by the district auditor in any other case,
    and where paragraph (a) above applies the body concerned shall, by resolution passed before 1st January 1974, appoint an auditor to audit the accounts concerned, and section 162 above shall apply in relation to any appointment so made.
  3. (3) With respect to accounts for financial years beginning on and after 1st April 1975 subsections (3), (4) and (6) to (9)of section 153 above shall apply in relation to any accounts to which sub-paragraph (2) above applies as they apply in relation to accounts falling within subsection (1) of that section, but as if the body concerned had resolved under subsection (2) of that section that the accounts should be audited as mentioned in sub-paragraph (2) above.
  4. (4) If it appears to the Secretary of State that, with respect to any accounts to which sub-paragraph (2) above applies,—
    1. (a) in a case where paragraph (a) of that sub-paragraph applies, no resolution has been passed under that sub-paragraph, or
    2. (b) for any other reason neither the district auditor nor an approved auditor is for the time being appointed to audit the accounts, or
    3. (c) the approved auditor who is for the time being appointed to audit the accounts is for any reason unable or unwilling to act,
    he may direct that, with respect to such financial year as may be specified in the direction, the accounts shall be audited by the district auditor; and where such a direction is given, sub-paragraphs (2) and (3) above shall have effect as if, for that financial year, paragraph (b) of sub-paragraph (2) above applied to the accounts:
  5. (5) Without prejudice to the sub-paragraph (1) above—
    1. (a) sub-paragraphs (2)to (4) above shall not apply in relation to the accounts of a river authority or drainage board; and
    2. (b) the audit of the accounts of those 1068 bodies, with respect to financial years beginning on and after 1st April 1974, shall be conducted by a district auditor'.

No. 1118, in page 328, line 33, leave out from 'words' to end of line 34 and insert— 'from "borough, including" onwards there shall be substituted the words "district or London borough" '.—[Mr. Graham Page.]

Mr. Carlisle

I beg to move Amendment No. 907, in page 328, line 39, at end insert: '(2) In Schedule 3 to that Act, in paragraphs 5(2)(a)(i) and 6(2)(b), for the words "county district" there shall be substituted the word "county"; and in paragraph 6(2)(c) for the words "such county district or London borough" there shall be substituted the words "district or London borough in which the track or any part thereof is situated" '. Schedule 3 of the Betting, Gaming and Lotteries Act, 1963, conferred responsibility for the licensing of tracks for betting on the county councils. Under Schedule 29 of this Bill, this function is transferred to the district councils. The 1963 Act provided that councils which did not have the decision—namely, district councils—should have the right to be heard. Now the district councils will make the decision and, therefore, it is necessary to provide the right of hearing for the county councils.

Amendment agreed to.

Amendments made: No. 1009, in page 329, line 6, at end insert:

'Children and young persons

14. In Schedule 2 to the Children and Young Persons Act 1969, in paragraph 6, for the words "Part X of that Act" there shall be substituted the words "Part VIII of the Local Government Act 1972" and for the words "section 219(c)" there shall be substituted the words "section 153(1)" '.

No. 1010, in page 329, leave out lines 17 to 19.

No. 1011, in page 329, leave out lines 30 to 33—[Mr. Speed.]

Mr. Graham Page

I beg to move Amendment No. 1161, in page 330, line 1, leave out from 'words' to end of line 5 and insert: 'from "the sanitary authority" to "1887" there shall be substituted the words "any local authority for the area in which the land is situated or, in the case of a parish not having a parish council, to the parish meeting of that parish for the purpose of providing allotments under the Allotments Acts 1908 to 1950" '. I move it with some trepidation in the presence of an hon. Member from Wales. The Amendment deals with the disestablishment of the Church of England in Wales. We have found that there are a few parishes on the border, half in Wales and half in England, where the Church has not been disestablished yet. This Amendment achieves that purpose.

Mr. Barry Jones

Are any of these parishes in North Wales, and, in particular, those parts of East Flintshire which are adrift and separate—for example, Maelor and Marford and Hoseley.

Mr. Graham Page

The Amendment deals with glebe land. I do not think it has anything to do with the boundaries of Flintshire—at least, I hope not. I will write to the hon. Gentleman if it has.

Amendment agreed to.

Mr. Carlisle

I beg to move Amendment No. 895, in page 331, line 32, after 'is', insert: 'in the first place where it occurs'. I understand that it would be convenient to take at the same time Government Amendment No. 896.

These Amendments are consequential on changing the licensing powers of local authorities from counties to districts.

Amendment agreed to.

Amendment made: No. 896, in page 331, line 33, at end insert: (3) in Part I of the Schedule to the said Act of 1967—

  1. (a) in the second paragraph, for the word 'county', wherever occurring, there shall be substituted the word 'district'; and
  2. (b) in the fifth paragraph, in the first column, for the words from the beginning to the word 'or' there shall be substituted the words 'A county or district, or'.—[Mr. Carlisle.]

Mr. Graham Page

I beg to move Amendment No. 260, in page 331, line 48, leave out 'within the meaning' and insert 'as defined in paragraph 17'. It is a drafting Amendment designed to give greater precision and interpretation.

Amendment agreed to.

Amendments made: No. 1163, in page 332, line 36, at end insert:

'Police

31. In section 18 of the Police (Scotland) Act 1967, for the word "Cumberland", wherever occurring, there shall be substituted the word "Cumbria" '.

No. 1146, in page 333, line 25, leave out from beginning to end of line 26 and insert 'following "certified copy" there shall be substituted the words "and that sum shall be reimbursed to the superintendent registrar—

  1. (a) in the case of a registration district in the City of London, the Inner Temple and the Middle Temple, by the Common Council of the City of London;
  2. (b) in any other case, by the council of the non-metropolitan county, metropolitan district or London borough in which his registration district is situated" '.—[Mr. Graham Page.]

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