HC Deb 24 February 1975 vol 887 cc191-4

Lords Amendment: No. 2, in page 2, line 19, leave out "section" and insert "subsection".

The Under-Secretary of State for the Environment (Mr. Gerald Kaufman)

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With it we shall discuss Lords Amendments Nos. 3 and 4.

Mr. Kaufman

Although the amendments appear earlier in the clause they are consequential on the insertion of five new subsections into the clause. The inserted subsections have a different date of operation—two weeks after Royal Assent—and consequently the reference in subsection (4) to the coming into force of the section needs to be to the coming into force of that subsection, that is on Royal Assent. I hope that clarifies matters.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: No. 5, in page 2, line 26, at end insert: (4A) The Counter-Inflation (Private Sector Residential Rents) (England and Wales) Order 1974 and the Counter-Inflation (Private Sector Residential Rents) (England and Wales) No. 2 Order 1974 are revoked, and the standstill period under the first order (which was extended by Article 3 of the second order) shall terminate on the coming into force of this subsection. (4B) Notwithstanding the revocation of the orders—

  1. (a) Article 5 of the first order (recovery of excess rent) shall continue to have effect for the purposes of both orders, so as to enable a tenant to recover rent at any time during which he would have been able to recover it if the orders had not been revoked, and
  2. (b) Article 8 of that order (jurisdiction of the county court) shall continue to have effect, for the purposes of both orders, in respect of any proceedings commenced before the expiry of a period of two years from the date of the revocation.
(4C) Paragraphs (a) and (b) of subsection (4B) above shall continue to have effect during the periods specified in them, whether or not Part II of the Counter-Inflation Act 1973 (under which the two revoked orders were made) is in effect. (4D) Notwithstanding the revocation of the orders, the rent recoverable under a regulated tenancy of a dwelling-house in respect of a contractual period beginning before but ending after the revocation shall not exceed the amount which, by virtue of the orders, was the counter-inflation limit for the dwelling-house immediately before the revocation. (4E) Section 38(2) of the Interpretation Act 1889 (effect of repeals) shall apply in relation to the orders as it applies to an enactment which is repealed by another Act.

Mr Kaufman

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this we shall take Lords Amendments Nos. 6, 7, 19 and 60.

Mr. Kaufman

Amendments Nos. 5 and 6 incorporate in the clause the provisions which bring the rent freeze to an end in the private sector by revoking the orders which imposed it, with some savings to safeguard rights acquired and to preserve things done under those orders.

The moving of Clause 2 so that it comes after Clause 11 is proposed simply for the sake of the logical arrangement of the Bill. Now that the provision covers both the public and private sectors it should not come in the middle of the public sector clauses.

Lords Amendments Nos. 19 and 60 are purely technical amendments. They add the counter-inflation orders, revoked by Clause 2, to the Schedule of repeals.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

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