HC Deb 19 February 1981 vol 999 cc462-3

INCREASE OF LIMITS OF EXPENSES RECOVERABLE IN RELATION TO A WATER SUPPLY

'.—(1) In the proviso to section 138(3) of the Public Health Act 1936 (under which a householder may be required to pay up to £60 towards the cost of providing a water supply for a house) for the words "sixty pounds" there shall be substituted the words "£300".

(2) Nothing in this section applies to a notice given under the said section 138 before the commencement of this section.

(3) In the said section 138, after subsection (3) there be inserted the following subsection— (3A) The Secretary of State may by order made by statutory instrument increase the amount specified in the proviso to subsection (3) of this section; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament. Nothing in an order made under this subsection shall apply to a notice given under this section before the commencement of the order.

(4) Section 78 of the Public Health Act 1961 (which amended the proviso to section 138(3) of the Public Health Act 1936) is hereby repealed.'.—[Mr. Giles Shaw.]

Brought up, and read the First time.

4.6 pm

The Under-Secretary of State for the Environment (Mr. Giles Shaw)

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

Hon. Members may know that in Committee I undertook to table a Government amendment to cover an important point that was raised by my hon. Friend the Member for Reading, North (Mr. Durant). My hon. Friend has apologised for the fact that he is unable to be present this afternoon.

The effect of the new clause is twofold. First, it raises from £60 to £300 the maximum contribution that may be required of a house owner under section 138 of the Public Health Act 1936 towards the cost of installing a wholesome supply of water to a house.

Secondly, it provides that in future this amount may be varied by the Secretary of State by order. Section 138 of the Public Health Act 1936 empowers local authorities to require that any occupied house which does not, in their opinion, have a wholesome supply of water in pipes, sufficient for the occupants, be provided with one. Responsibility for the provision of such a supply rests with the individual owner, but it has always been provided for that there should be a limit on the amount that he can be required to pay. Any excess is borne by the local authority. In 1936, the owner's limit was set at £20. It was raised to £60 under the Public Health Act 1961. With this amendment, we propose to raise it again—to £300. This increase is in line with inflation over the period since 1961 and is needed if local authorities are not to be discouraged on financial grounds from discharging an important public health duty. The provision to enable the Secretary of Stale to vary this limit should enable that limit to be kept more readily in line with inflation.

Mr. Denis Howell (Birmingham, Small Heath)

We accept what the Minister says. Obviously, the amount that can be recovered from householders who insist upon the right to have a supply of water needs to be adjusted from time to time, and that is what the Minister is proposing. Having regard to the general economic situation and the present rate of inflation, it is a reasonable proposal and one which finds favour with us.

Question put and agreed to.

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

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