DECISION NOT TO REQUIRE TRANSFER SCHEME (Hansard, 16 June 1976)

§ Mr. Guy Barnett
I beg to move Amendment No. 12, in page 9, line 34, leave out "and" and insert "or".

§ Mr. Deputy Speaker
With this we may take Government Amendment No. 13.

§ Mr. Barnett
These are drafting amendments designed to remove any doubt as to whether there might be an inconsistency between Clause 7(c) and Clause 2(3). Under Clause 2(3), the new town corporation or a district council whose area includes any part of the designated area may initiate consultations where the area of the new town was first designated more than 15 years ago but the Secretary of State has not issued directions under Clause 2(1). The intention of Clause 7(c) is that where the Secretary of State decides, after consultations have been held under Clause 2, not to require a transfer scheme to be prepared, either party should be able to initiate consultations, in the same way as under Clause 2(3) after three years have elapsed from that decision. As drafted Clause 7(c) refers to the corporation and the council of any district having the right to request renewed consultations about the possibility of transfer This could be thought to be open to the interpretation that the corporation and district council can only make such a request jointly. This amendment makes it clear that the right is exactly the same as in Clause 2(3).

§ Mr. Michael Morris
We very much welcome the separation. There was an element of confusion and it is correct that it should be crystal clear that either party can make the request. To that 624 extent we very much welcome the clarification.