HC Deb 05 May 1983 vol 42 cc510-1

Amendments made: No. 122, in page 67, line 41, at end insert— ' 1A. In Schedule 1 to that Act (Institutions to which certain transfers may be made) the following entries shall he inserted in the appropriate places—

No. 123, in page 68, line 20, at end insert—

'British Museum Act 1963 (c.24) 4. At the end of section 9(1) of the British Museum Act 1963 (power of trustees to transfer pictures to certain institutions) there shall be added "or to the National Gallery Trustees or to the Tate Gallery Trustees".

British Library Act 1972 (c.54)

5. At the end of section 3(4) of the British Library Act 1972 there shall be inserted— This subsection does not apply to pictures (as to which there is a power of transfer in section 9 of the British Museum Act 1963).".'.—[Mr. Macfarlane.]

Mr. Macfarlane

I beg to move amendment No. 124, in page 68, line 20, at end insert—

'Town and Country Planning Act 1971 (c.78) 4. In paragraph 7 of Schedule 11 to the Town and Country Planning Act 1971 (listed building consent) the following shall be inserted after sub-paragraph (1)—

  1. "(1A) Where directions are in force under sub-paragraph (1) of this paragraph, the Secretary of State may give to any local planning authority a direction that, in the case of such descriptions of applications for listed building consent as are specified in the direction, paragraph 5 or (as the case may be) paragraph 6 of this Schedule shall apply in relation to the authority.
  2. (1B) So long as the direction is in force, paragraph 5 or 6 (as the case may be) shall apply in the case of any application of any description so specified—
    1. (a) made to the authority after the coming into force of the direction, or
    2. (b) made to them (but not disposed of by their granting or refusing consent) before the coming into force of the direction,
notwithstanding sub-paragraph (1) of this paragraph.".'.

I am delighted to move the final amendment, which not only proves the care with which I try to consider issues raised in Committee but the speed with which my officials and the parliamentary draftsman can work.

The amendment provides a new power of direction for the Secretary of State so that he can look at an application for listed building consent which is with a local planning authority for determination but which has been the subject of representations to him, and it provides a method of doing so without having to use his power of calling the application in for his own decision with all the time and expense of a public inquiry that that entails. I do not believe that the power will receive great use, but I believe that in covering a defect in the present powers it is a most sensible and flexible provision. I commend it to the House.

Mr. Cormack

This is a very important amendment. My hon. Friend should be thanked sincerely for moving it. I know that the Historic Buildings Council would wish that it had been on the statute book a long time ago. It will be of material assistance to the commission.

Amendment agreed to.

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