HL Deb 30 July 1941 vol 119 cc976-8

Order of the Day for the Third Reading read.

THE LORD CHANCELLOR (VISCOUNT SIMON)

My Lords, I move that this Bill be read a third time. I would call your Lordships' attention to the fact that I invite the House to make a few small verbal Amendments before the Bill is passed. Those Amendments are available in print and are on the Table.

Moved, That the Bill be now read 3a.—(The Lord Chancellar).

On Question, Bill read 3a.

Clause 1:

Provisions as to short tenancies. (5) If the local authority in whose area any such dwelling-house is situated issue a certificate that the dwelling-house has been repaired to the extent mentioned in the last foregoing subsection, the production of the certificate shall, at any time while the certificate remains in force, be sufficient evidence that the house is fit for the purposes of this section at that time, unless the contrary is proved:

THE LORD CHANCELLOR moved, in subsection (5), to leave out "at any time while the certificate remains in force" and insert "as respects any period during which the certificate is in force." The noble and learned Viscount said: My Lords, the first Amendment is at page 2, line 19, and there "re consequential Amendments at lines 21, 35, 37 and 38. It is to be observed that as the Bill now stands it might well be that in Clause 1, subsection (5), the production of a certificate of fitness would be evidence of the state of affairs at the time the certificate is produced. That, however, does not really cover the intention of the legislation. In many cases the question before the Court will be, not the fitness or otherwise of the premises at the time, but of their fitness during a past period in respect of which the tenant had refused to pay rent. The distinction is little more than verbal. It is for the purpose of securing that the intention is quite plainly expressed, and avoiding the possibility of confusion or misunderstanding, that I beg to move.

Amendment moved— Page 2, line 19, leave out ("at any time while the certificate remains in force") and insert ("as respects any period during which the certificale is in force.")—(The Lord Chancellor.)

On Question, Amendment agreed to.

THE LORD CHANCELLOR

My Lords, with your Lordships' permission I think we may take the further Amendments to this clause together.

Amendments moved— Page 2, line 21, leave out ("is") and insert ("was") Page 2, line 21, leave out ("at that time") and insert ("during that period") Page 2, line 35, leave out ("and until a new certificate is issued") and insert ("the certificate shall cease to have effect except as respects any period before the said date; and, as respects any period after the said date and before the date of the issue of a new certificate") Page 2, line 37, leave out ("is") and insert ("was") Page 2, line 38, after ("damage") insert ("during that period").—(The Lord Chancellor.)

On Question, Amendments agreed to.

Clause 10:

Application of principal Act to ground leases. (3) The following provisions shall apply with respect to notices served before, or proceedings pending at, the passing of this Act: but nothing in this section shall affect any order of the Court made before the passing of this Act under Section thirteen of the principal Act, and the Court shall not exercise its powers under paragraph (a) of subsection (1) of Section nine of the principal Act—

  1. (i) in a case where a notice of disclaimer in respect of a lease which appears to the Court to be a ground lease has been served before the passing of this Act, so as to make the surrender of the lease, or of any sublease derived out of the term created by the lease, take effect on a date earlier than the date when the notice was served; or

THE LORD CHANCELLOR moved, in paragraph (i) of subsection (3), to leave out "appears to the Court to be" and insert "the Court is satisfied is". The noble and learned Viscount said: My Lords, the only other verbal alteration I seek to make is in Clause 10. My noble and learned friend Lord Maugham, on the Second Reading, truly observed that the phrase now in the Bill, on page 14, line 11— "in a case where a notice of disclaimer in respect of a lease which appears to the Court to be a ground lease"—was an unusual and undesirable expression to be used in such a matter. On reflection I agree with him. I am proposing therefore to leave out "appears to the Court to be" and to insert "the Court is satisfied is".

Amendment moved— Page 14, line 11, leave out ("appears to the Court to be") and insert ("the Court is satisfied is").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Bill passed, and returned to the Commons.

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