HL Deb 28 January 1931 vol 79 cc697-9

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Strachie).

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF DONOUGHMORE in the Chair.]

Clauses 1 to 4 agreed to.

Clause 5:

Provisions as to powers and duties and as to county records.

(4) The clerk of every county council shall be, by virtue of his office, clerk of the joint committee, the county agricultural committee, the county education committee, the public assistance committee, the county valuation committee, and of all other committees of the council.

LORD STRACHIE moved, in subsection (4), after the first "committee," to insert "and, subject to the provisions of any enactment in force immediately before the commencement of this Act, clerk of". The noble Lord said: The object of this Amendment is to deal with those cases, which I believe are very few indeed, where the clerk to the county council is also clerk to the education committee. This Amendment simply safe- guards the present clerk to a county council who is acting as clerk to the education committee. I beg to move.

Amendment moved— Page 6, line 35, after ("committee") insert ("and, subject to the provisions of any enactment in force immediately before the commencement of this Act, clerk of").—(Lord Strachie).

THE LORD PRESIDENT OF THE COUNCIL (Loan PARMOOR)

Though we are not responsible for this Bill, we think that these words are quite unobjectionable.

Loan STRACHIE

They are really a safeguard.

Loan PARMOOR

Yes.

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Clauses 6 to 11 agreed to.

LORD STRACHIE moved, after Clause 11, to insert the following new clause—

Application to Duchy of Lancaster.

".—(1) This Act shall, in its application to the County Palatine of Lancaster, have effect subject to the following modifications, that is to say:—

  1. (a) for references to the Secretary of State there shall be substituted references to the Chancellor of the Duchy of Lancaster;
  2. (b) for the proviso to subsection (1) of Section three, there shall be substituted the following proviso:
Provided that so long as the person holding office as clerk of the peace and county council of the County of Lancaster immediately before the passing of this Act continues to hold those offices, the salaries payable to him in respect thereof shall continue to be such as may be determined by the joint committee with the approval of the Chancellor of the Duchy of Lancaster.'

(2) The Lancaster County Clerk Act, 1871, shall cease to have effect."

The noble Lord said: The object of tins new clause is to reserve the rights of the Duchy of Lancaster. I expect that most of your Lordships were, like myself, unaware that the Duchy pays part of the salary of the clerk of the peace and the county council. The object of this Amendment is to safeguard the rights of the Duchy of Lancaster in that connection, and I may say that it has the approval of the Duchy. I beg to move.

Amendment moved— Page 13, after Clause 11, insert the said new clause.—(Lord Strachie.)

LORD PARMOOR

This new clause had, of course, to be considered, but we think it is quite right that this safeguard for the Duchy of Lancaster should be put in.

On Question, Amendment agreed to.

Remaining clauses agreed to.

First and Second Schedules agreed to.

Third Schedule:

THIRD SCHEDULE.

ENACTMENTS REPEALED.

Session and Chapter. short Title. Extent of Repeal.
51&52 Viet.c.41. Local Government Act, 1888. In Section thirty, in subsection (1) thereof, the words "and the clerk of the peace" and in subsection (3) thereof the words "or to the clerk of the peace"; in section eighty-three, paragraphs (1), (2), (3) and(5).

LORD STRACHIE moved a consequential Amendment in the Schedule. The noble Lord said: I beg to move.

Amendment moved—

Page 22, line 18, at end insert—

("34 & 35 Vict. C. 73. The Lancaster County Clerk Act, 1871. The whole Act.
39 Vict. c iv. An Act to amend the Act for making regulations as to the office of clerk of the peace for the County Palatine of Lancaster. The whole Act.")

.—(Lord Strachie.)

On Question, Amendment agreed to.

LORD STRACHIE moved in the reference to the Local Government Act, 1888, to leave out "and (5)" and insert "(5) and (9)." The noble Lord said: I beg to move.

Amendment moved— Page 22, lines 26 and 27, leave out ("and (5)") and insert ("(5) and (9)").—(Lord Strachie.)

On Question, Amendment agreed to.

Third Schedule, as amended, agreed to.