HL Deb 30 May 1938 vol 109 cc756-8

Procedure for separation of vested and non-vested premises that are demised together by a subsisting lease.

2.—(1) A person to whom a copy of a draft has been delivered under the preceding paragraph may within six weeks after the delivery thereof serve notice on the Commission of his objection to the terms thereof on the ground that the proposed substituted lease does not comply with the provisions of Section ten of this Act, or that the proposed substituted security or other instrument does not comply with the provisions of the preceding paragraph, as the case may be, and where notice is so served the terms of the draft may be modified by agreement between the parties concerned, and in default of agreement the terms thereof shall be settled by an arbitrator selected by agreement between the parties or, in default of agreement, by the Board of Trade.

LORD TEYNHAM moved, in subparagraph (1) of paragraph 2, to leave out "Board of Trade" and insert "Lord Chancellor in the case of England and the Lord President of the Court of Session in the case of Scotland." The noble Lord said: I move this Amendment on behalf of my noble friend Lord Gain-ford. For the convenience of your Lordships I might suggest that the further Amendments, one in the Fifth Schedule, page 82, line 36, and one manuscript Amendment in the Sixth Schedule, page 85, line 19, might be discussed together. The purpose of these Amendments is to relieve the Board of Trade of their obligation to appoint an arbitrator. As the Board of Trade can give general directions to the Coal Commission, it would seem more appropriate for the appointment of an arbitrator to be made by an independent authority, as is set down by the Amendment standing in my name. I beg to move.

Amendment moved— Page 79, line 36, leave out ("Board of Trade") and insert ("Lord Chancellor in the case of England and the Lord President of the Court of Session in the case of Scotland.")—(Lord Teynham.)

THE LORD CHANCELLOR

The Amendment at the bottom of page 8 will, I think, drop, because the Fourth Schedule is bound to drop. Its omission has not yet been moved, but it cannot help going out, having regard to the previous Amendments accepted by the Committee. But the similar Amendment to page 82, line 36, in the Fifth Schedule, will be in order.

THE EARL OF DUDLEY

If I might interrupt the noble and learned Lord, there is another manuscript Amendment to the same effect standing in my name, which applies to page 85, line 19, in the Sixth Schedule. The principle is exactly the same, and I should be willing that it should be taken at the same time.

THE LORD CHANCELLOR

Let that be taken, too.

THE LORD CHAIRMAN

I beg the noble and learned Lord's pardon, but that Amendment has not been handed to me.

THE LORD CHANCELLOR

I have not seen it either, but that does not matter; I can follow it.

THE EARL OF DUDLEY

I handed it in.

THE LORD CHANCELLOR

It would seem a matter of no great importance whether one more burden is placed upon the unhappy shoulders of the Lord Chancellor for the time! What I have to submit to your Lordships is that the appointment of an arbitrator, unlike the appointment of a judicial officer of any kind, is an appointment with which, prima facie, the Lord Chancellor is not usually concerned. If it were a question of any sort of judicial officer, it should no doubt go to the Lord Chancellor, but if it is the appointment of somebody who is not a person of that kind, it is thought better, on behalf of the Government, that such a matter should go to the Board of Trade as a proper body to determine the question who the arbitrator should be, and as one which is more likely to be able to do that with success than the Lord Chancellor. As I have said, it is not a matter of great importance, but if the Committee do not agree with me I shall—with a groan!—accept the obligation that is placed upon me. I venture to think, however, that it is not really right and that the Board of Trade is the proper tribunal, or body, to exercise this function.

THE EARL OF DUDLEY

I very much nope that the noble and learned Lord will undertake this responsibility, together with the Lord President of the Court of Session in the case of Scotland. I feel quite certain that it would give a great deal of added confidence m these cases where agreement fails. There is an idea, and the idea, indeed, is not without precedent, that the Board of Trade are apt to appoint a solicitor of their own and not an independent person. I can see no objection from the Government's point of view to the Lord Chancellor, if he is willing to do so, accepting this responsibility instead of the Board of Trade, and I am perfectly certain that it would give a far greater measure of confidence to those whose affairs have to be arbitrated upon in a case of dispute.

EARL STANHOPE

Does the noble Lord move? The Schedule has gone.

LORD TEYNHAM

I understand that the Schedule has gone, so I do not move the Amendment.

THE LORD CHANCELLOR

It has not gone, but it is going in one minute!

THE LORD CHAIRMAN

I asked the noble Lord, and he said he did move.

LORD TEYNHAM

I beg leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

THE LORD CHANCELLOR

I beg to move to leave out the Fourth Schedule. This Schedule necessarily drops out and disappears, because the clause which provided for the Fourth Schedule has already been taken out of the Bill. I beg to move.

Amendment moved— Leave out the Fourth Schedule.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Fifth Schedule: