HL Deb 13 July 1922 vol 51 cc427-30

Amendments reported (according to Order).

Clause 1:

Relief or abatement in ease of several benefices held by one person.

1. Where the owner of tithe rentcharge attached to a benefice holds more than one benefice (whether united for ecclesiastical purposes or not so united) he shall, in respect of any rate made on or after the first day of April, nineteen hundred and twenty-two, be entitled under subsection (2) of section one of the Ecclesiastical Tithe Rentcharge (Rates) Act, 1920, to such relief or abatement only as he would have been entitled to if the several benefices were one benefice and any tithe rentcharge attached to any of the several benefices were attached to that one benefice and the total income arising from the several benefices arose from one benefice.

EARL GREY moved to leave out "April" and insert "October." The noble Earl said: I must apologise for asking leave to move this Amendment, which does not appear on the Paper. I did put down an Amendment later in the Bill, proposing that the whole Bill should come into operation on October 1, but I am afraid I omitted to observe (and my notice was drawn to the fact by the Ministry of Health) that the date of April 1, occurring earlier in the Bill, would cause confusion. My reason for suggesting this alteration is that the rates for the current half-year have already been paid in a large number of cases, and therefore if this Bill were to come into operation as soon as it is passed, it would mean that a great many financial readjustments in the case of rates already paid would have to be made. Although when the Bill was first introduced it was perhaps reasonable to suppose that it might come into operation early in April, yet the year has advanced so far, and we are getting so near the end of July, that I suggest it would be reasonable that the whole Bill should come into operation on October 1.

Amendment moved— Clause 1, page 1, line 9, leave out ("April") and insert ("October").—(Earl Grey.)


Your Lordships are justly jealous of any attempt to amend Bills at this stage without notice, but the case is an exceptional one.


This is the Report stage, not the Third Reading.


Yes, I know it is the Report stage.


I have been taken rather by surprise by this Amendment. I looked upon my noble friend's other Amendment postponing the date at which the Bill would come into operation as an administrative one, and I was inclined to accept it, but this is quite a different thing. The Amendment will put off the whole Bill until October. I am not the author of this Bill; I am in charge of it on behalf of a Member of the other House. My noble friend can move his Amendment, if he thinks fit, on the Third Reading, and if he would do that I should have time to consult my hon. friend who is responsible for the Bill.


This point was raised on the Second Reading, and therefore I do not think it can be said that anybody has been taken by surprise. I respectfully suggest that the argument is a good one that the year is so far advanced that a date which was very appropriate when the Bill was first introduced is less appropriate at the present moment.

On Question, Amendment agreed to.

Clause 2:

2.—(1) Where any sum assessed upon any owner of tithe rentcharge attached to an ecclesiastical corporation or benefice in any rate made by the overseers of a parish has by reason of the provisions of the Ecclesiastical Tithe Rentcharges (Rates) Act, 1920, become irrecoverable the overseers in satisfying any precept made upon them by any spending authority may, subject to the provisions of this section, deduct the amount of the rate that has so become irrecoverable from the amount which would, but for this section, be payable to the spending authority.

(2) The amount which may be deducted under this section from a precept shall not exceed the sum which bears the same relation to the amount irrecoverable as aforesaid as the amount in the pound of the rate estimated to be required for the purpose of satisfying the precept bears to the total amount in the pound for which the rate was made.

(3) Where a precept sent by any spending authority to overseers includes a sum payable under precept to another spending authority, the sum so payable may be reduced by a deduction equivalent to that which could have been made by the overseers in pursuance of this section if the precept had been addressed to them.

(4) This section shall apply only in respect of any sum which has become irrecoverable in any rate made on or after the first day of April, nineteen hundred and twenty-two, and before the first day of January, nineteen hundred and twenty-six.

(5) In this section "spending authority" has the same meaning as in the Agricultural Rates Act, 1896, "precept" includes a contribution order, and "rate" moans any rate made for the relief of the poor and for other purposes chargeable thereon according to law.


I have three Amendments on the Paper which are purely drafting Amendments suggested by the Minister of Agriculture.

Amendments moved— Clause 2, page 1, line 20, after ("in") insert ("respect of") Clause 2, page 2, lines 3 and 4, leave out ("deduct the amount of the rate that has so become irrecoverable") and insert ("make such deduction as is hereinafter authorised") Clause 2, page 2, line 19, after ("in") insert ("respect of").—(The Earl of Selborne.)

On Question Amendments agreed to.


There is an Amendment to this clause consequential on the Amendment accepted in Clause 1.

Amendment moved— Clause 2, page 2, line 20, leave out ("April") and insert ("October").—(Earl Grey.)

On Question, Amendment agreed to.

Clause 3:

Short title.

3. This Act may be cited as the Ecclesiastical Tithe, Rentcharges (Rates) Act, 1922, and the Ecclesiastical Tithe Rentcharge (Rates) Act, 1920, and this Act, may be cited together as the Ecclesiastical Tithe Rentcharges (Rates) Acts, 1920 and 1922.

EARL GREY moved, at the end of Clause 3, to insert the following new subsection: ("(2) This Act shall come into operation on the first day of October, nineteen hundred and twenty-two.") The, noble Earl said: I beg to move.

Amendment moved— Clause 3, page 2, line 32, at end insert the said new subsection.—(Earl Grey.)

On Question, Amendment agreed to.