HC Deb 14 March 1973 vol 852 cc1270-1
6. Mr. Adam Hunter

asked the Secretary of State for Scotland what plans he has to alter building regulations so that all building authorities can be granted power to award costs to anyone who at his own expense proves that building regulations have been contravened.

Mr. Younger

My right hon. Friend has no such plans. I am sending the hon. Gentleman a detailed reply to his recent letter on this subject addressed to my right hon. and learned Friend the Lord Advocate.

Mr. Hunter

In view of that reply, may I asked whether the hon. Gentleman is aware that in a county area anyone who is able to prove that building regulations have been contravened regarding his own property must bear the cost himself, whereas had he been living in a burgh area he would have some redress through the dean of guild court? Should not the law be harmonised for both authorities? Will my constituent, who has had to spend £100 to prove that his builder contravened the regulations, have any redress even in a civil court of law?

Mr. Younger

There is some anomaly about this. The dean of guild courts which are buildings authorities in some cases were originally judicial courts with powers to grant expenses which other buildings authorities which are not dean of guild courts do not have. As for the hon. Gentleman's constituent, although formal objections were not lodged when the plans were submitted originally the authority ensured that the firm concerned later met complaints made by the objector. I accept in this case that it is not satisfactory that there should be one authority able to give expenses and another not, but that is a matter which would have to be dealt with in legislation.

Mr. Ross

It looks as if this anomaly will be removed by wiping out the dean of guild courts. Since we have legislation before us, will the hon. Gentleman take action to use that opportunity to resolve this matter in a manner which retains and extends the rights of all individuals?

Mr. Younger

What is to be done for the future is a matter which we can consider. There would be quite a lot of difficult repercussions if we made the award of expenses mandatory in cases of this sort. But I should want to consider that carefully before committing myself.