HC Deb 10 June 1980 vol 986 cc328-30

' The Housing (Scotland) Act 1966 shall be amended as follows—

  1. (a) in section 17 (power to make closing orders with respect to underground rooms), in subsections (2)(b) and (3), the words "with the consent of the Secretary of State" shall cease to have effect ;
  2. (b) in section 145 (powers of dealing with land etc.), in subsection (7)—
    1. (i) for the words "section 168 of the Local Government (Scotland) Act 1947" there shall be substituted the words "section 74 of the Local Government (Scotland) Act 1973" ;
    2. (ii) for the words from "Act of 1947" to the words "that Act" there shall be substituted the words "Act of 1973 in the exercise of any power under Part VI of that Act" ;
    3. (iii) for the words "said section 168" there shall be substituted the words "said section 74".'.—[Mr. Rifkind.]

Brought up, and read the First time.

Mr. Rifkind

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With this it will be convenient to discuss new clause 8—Duty of local authority to have regard to amenities of locality etc.—and Government amendments Nos. 211 and 213.

Mr. Rifkind

The new clause deals with two separate amendments to the Housing (Scotland) Act 1966. The first amendment is a relaxation of central Government control over local government. It removes the requirement on local authorities to obtain the Secretary of State's consent to any regulations governing their area which they make concerning ventilation, lighting and a number of other matters.

The second effect of the new clause is to update a provision which should have been updated by the Local Government (Scotland) Act 1973 but which was overlooked. That measure provides that where the Secretary of State has given consent under subsection (6) to the sale of houses on certain terms the normal restriction on all disposals by a local authority—namely, that they cannot be sold at less than the best price without the Secretary of State's consent—does not apply. That should have been repealed by an earlier provision, but that was not done as a result of an oversight some years ago. It is appropriate that the oversight has now been remedied.

New clause 8 is an addition to the series of Government amendments made in Committee relaxing controls over local authorities. It relates to section 177 of the 1966 Act, which empowers the Secretary of State to give directions to local authorities in respect of artistic or amenity considerations, to require local authorities to appoint local advisory committees, to be furnished with any copies of recommendations, and to do various other matters in respect of these particular areas of housing policy. It seems appropriate that these should not be continuing powers imposed by, or available to, the Secretary of State. This, therefore, gives local authorities full discretion in this field.

The other amendments being taken with this are merely consequential on these particular matters.

Mr. Millan

I do not want to comment on new clause 7, but I should not like new clause 8 to go by without at least making one comment about it. I must confess that it was news to me that there was any power in the housing Acts for local authorities to appoint local advisory committees to advise them on artistic and amenity considerations when they build local authority houses. I am not aware of any of them having done that. The evidence of their not having done that is, unfortunately, all too famliiar to us in many parts of Scotland.

I make a serious point here. As I say, I had not realised that the provision apparently appeared in a piece of Labour Government legislation. It is a great pity that these local committees were not appointed. The power to appoint them, as I understand it, still rests with the local authorities. I make that as a perfectly serious point. I do not think that there is any purpose now in the Secretary of State directing the authorities to appoint these committees, particularly as the housing programme is, in any case, grinding to a halt and they will have nothing to advise about.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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