§ Mr. Denzil DaviesI beg to move Amendment No. 70 in page 37, line 42, at end insert
'nor(iii) a disposal which forms part of a sale and lease-back transaction'.
§ Mr. SpeakerWith this amendment, we may also take Government Amendment No. 71.
§ Mr. DaviesThese are relieving amendments. They add sale and leaseback transactions to categories of disposal in Clause 23 that will not operate as a trigger by a statutory undertaking.
In Committee we introduced amendments to provide that a sale and leaseback would not trigger in relation to industrial developments. These amendments seek to extend the provisions to statutory undertakers. In some cases they may also wish to use this fairly normal form of financing. The amendments seek to extend the relief.
§ Mr. Ian StewartWe are grateful for the Minister's explanation. We believe that these amendments constitute welcome improvements to the Bill.
§ Amendment agreed to.
§
Amendment made: No. 71, in page 39, line 19, at end insert—
'(7A) Subsections (7) and (9) of section (Development for industrial use) above shall apply for the purposes of this section as they apply for tile purposes of that section, except that, in the application of those subsections for the purposes of this section,—
(7B) If after the primary disposal, within the meaning of subsection (7) of section (Development for industrial use) above, as that subsection has effect by virtue of subsection (7A) above, there is a disposal of the lease referred to in subsection (7)(c) of that section, so much of the relevant interest as subsists in the building or other land which is the subject matter of the lease shall be treated for the purposes of subsection (1) above and section 27 below as having been disposed of on the date of the disposal of the lease.'.—[Mr.Denzil Davies.]
§ Mr. Denzil DaviesI beg to move Amendment No. 72, in page 39, line 32, leave out 'any' insert:
'the British Airports Authority, means the Secretary of State for Trade; and(aa) in relation to any other'.Clause 23 gives deferment of DLT liability to statutory undertakers when they develop their land for the use of the statutory undertaking. Any question whether the use is for the purposes of the undertaking is to be determined by the "appropriate Minister". Subsection (8)(a) gives the expression "the appropriate Minister" the same meaning as in Part XI of the Town and Country Planning Act 1971.One of the results of this is that for both pieces of legislation the appropriate Minister for the British Airports Authority would be the Secretary of State for the Environment instead of, as was intended for DLT, the Secretary of State for Trade. This amendment is to rectify the position for DLT.
§ Mr. Graham PageI am a little touchy about this amendment. It seems to imply that there was some error in the Town and Country Planning Act 1971. We all know that that Act was absolutely perfect. Of course, there could not have been one error in that measure. It was felt that the Secretary of State for the Environment should be the designated authority in this case but it raises an extraordinary position. For every other purpose it will involve the Secretary of State for the Environment, but for the purposes of DLT it will be the Secretary of State for Trade. I feel that there will be a dispute between the Departments of Trade and Environment as to who shall do what with regard to the British 1880 Airports Authority. Would it not have been better to say that we will correct the position and make the Secretary of State for Trade the designated Minister in the case of everything to do with the BAA?
§ Amendment agreed to.