New Clause S

HC Deb 25 October 1972 vol 843 cc1285-9

Commencement S.—(1) The provisions of this Act to which this subsection applies shall, except so far as brought into force earlier by an order under subsection (2) below, come into force on 1st April, 1974.

1. (2) The Secretary of State may by order appoint an earlier date for the coming into force of any provision to which subsection (1) above applies and different days may be appointed under this subsection for different purposes and, in particular, different days may be so appointed for the coming into force of the same provision in different areas.
2. (3) Subsection (1) above applies to the following provisions of this Act, that is to say—
• sections 13, 16(1) and (3) and 17;
• section 40;
• section 48(8) and (9);
• section 50(4) to (7);
• sections 53 to 59 and Schedule 8;
• section 62;
• section 75;
• section 89(7);
• section 99;

Parts VI to XI, except as provided by subsections (4) and (5) below;

• section 240 and Schedule 29;
• section 249(3) to (7);
• section 258 and Schedule 30;

paragraphs 5 to 9 and 10(2) of Schedule 6; in Schedule 12, Parts II and III, and Part VI so far as applicable to parish councils. (4) Subsection (1) above shall not apply to the following provisions of Parts VI to XI of this Act, that is to say—

• sections 103 and 105;
• section (Transitional arrangements for discharge of functions);
• section 115;
• section 135;
• section 165;
• section 176(3) to (9) and (11);

so much of section 178 as confers a power to make or direct the making or amendment of development plan schemes and so much of section 177 as applies to the interpretation of the provisions relating to such schemes;

• section 181(6) and (7);
• section 185(4);
• section 186(3);
• section 190(6) to (9);
• section 191(2) and (3);
• section 192(3) and (4);

section (Power to confer on district councils in Wales certain functions relating to agriculture);

• section 194(3) and (4);
• section 195(4) to (8);
• section 198;
• section 200(2) to (8);
• section 208(4);
• section 212(4);
• section 224;
• section 236;
• section (Computation of time and timing of elections, etc.);

paragraph 8(2) of Schedule 13 and so much of section 167 as relates thereto. (5) Without prejudice to section 37 of the Interpretation Act 1889, any provision of Part IX or X of this Act—

1. (a) which empowers or requires any person to make any arrangements or any instrument with respect to the exercise of functions under such provision or with respect to the setting up of any body of persons or the appointment of persons to any office or employment with a view to exercising any such functions or with respect to the deployment of officers in connection with the exercise of such functions;
2. (b) which empowers or requires any person to give directions, take steps or make representations with respect to any such arrangements or instrument; or
3. (c) which amends or applies any enactment which empowers or requires any person to make any such arrangements or instrument;

shall come into force so as to enable those functions to be exercised in accordance with the arrangements or instrument on 1st April 1974.

1. (6) Sections 80 to 92, 103 and 105 above shall not apply to the Greater London Council 1287 or members of that council before the day on which the councillors of that council elected at the first ordinary elections of such councillors after the passing of this Act come into office.
2. (7) Sections 80 to 91, 103 and 105 above shall not apply to a London borough council or the members of any such council before 1st April 1974.
3. (8) The following provisions shall have effect with respect to parish councils in England and the members of such councils:—
1. (a) sections 44(5) and (Temporary appointment of members of parish and community councils) above shall not apply to them before 1st April 1974;
2. (b) sections 80 to 91, 103 and 105 above shall not apply to them before the day on which parish councillors elected at those elections come into office; and
3. (c) sections 93 to 97 above shall not apply to them before 1st April 1974.
4. (9) Part V of this Act shall not apply to existing parish councils in Wales or to members of such councils.
5. (10) Sections 103 and 105 above shall not apply to members of the Common Council before the day on which any common councilmen elected at the first ordinary election of common councilmen after the passing of this Act come into office."

Mr. Deputy Speaker

I suggest that with this Amendment we take Lords Amendment No. 631.

Mr. Graham Page

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

Clause 258 provides for the commencement of the Act. It makes different provisions for different parts. We have referred to these from time to time when dealing with the separate Clauses, so it will not be necessary for me to go through them in any detail. Amendment No. 631 goes as a formal Amendment with the rather long Amendment No. 630. If there are any points which the House would wish me to mention regarding the commencement, I will certainly do so. I do not treat this matter briefly because it is unimportant. It is indeed a very important Clause. It affects the coming into operation of the various parts of the Act. Some important parts we have had to delay and others we have brought forward. I should be giving a dissertation on the whole Bill if I started on these matters.

Mr. John Silkin

You will be relieved to hear, Mr. Deputy Speaker, that I do not intend to engage the Minister in a rigorous inquisition at this moment. I want to look at the date of the coming into effect of the various parts of the Bill and to point out that for the past 12 months all of us in the House at the moment, with one or two exceptions, have been immured and have learned both to love and to loathe the Bill. We love the Minister, we even love the Under-Secretary and, from what little we saw of him, we almost learned to love the Secretary of State. However, we never, alas, totally learned to love the Bill.

What disturbs me about the date of April, 1974, is that undoubtedly by then the right hon. Gentleman and his right hon. and hon. Friends will be in opposition and my right hon. and hon. Friends and I will be in government and a lot of questions will be raised. However, that is perhaps trespassing on the rules of order.

I merely wish to say that it has been an interesting year, and, if their Lordships do not mind, I do not propose on this occasion to disagree with them.

Mr. Peter Walker

Following that interesting and penetrating final attack by the right hon. Member for Deptford (Mr. John Silkin), I should like to say how grateful we have been to him for the manner in which he has objectively and constructively carried out his duties in leading the Opposition on the Bill. We have been so impressed that we feel he should continue in opposition for a very long time. I am sure he will do so.

I think I can now say something with which both sides of the House will agree. I should like to refer first to the incredible manner in which my right hon. Friend the Minister for Local Government and Development has handled the Bill in Committee, on Report and elsewhere, so well supported by my hon. Friend the Under-Secretary, and secondly to the incredible volume of work which my officials and the draftsmen have done at all stages of the Bill, which both sides of the House have read.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Committee appointed to draw up a Reason to be assigned to the Lords for disagreeing to one of their Amendments to the Bill: Mr. Peter Walker, Mr. Graham Page, Mr. Keith Speed, Mr. John Silkin, Mr. Arthur Blenkinsop; Three to be the quorum.—[Mr. Graham Page.]

To withdraw immediately.

Reason for disagreeing to one of the Lords Amendments reported, and agreed to: to be commnicated to the Lords.

ADJOURNMENT

Motion made, and Question proposed, That this House do now adjourn.—[Mr. Kenneth Clarke.]