PUBLIC SERVICE VEHICLES (TRAVEL CONCESSIONS) BILL (Hansard, 4 May 1955)

§ LORD BURDEN
I beg to move the Amendment standing in my name on the Marshalled List. This and two other Amendments are put down at the instance of the Association of Municipal Corporations in order to make clear a matter which may be construed in the courts differently from the clear and undoubted intention of the Bill. The advisers of the Association have looked carefully at this Bill and feel that the clauses, as they now stand, might be construed to cover only administrative costs and not the costs on transport. There is nothing one can do at this stage, but I am sure noble Lords will listen with interest to what may be said on this point by the noble Lord, Lord Hawke, who is in charge of the Bill. I assume 739 noble Lords will then have to accept the situation. I beg to move.

LORD HAWKE
I am glad to have the opportunity of giving the noble Lord the assurance that he wants on behalf of the Association of Municipal Corporations. I understand that they fear that the words "cost to them of granting the concessions" are open to the interpretation that cost might mean merely the administrative cost within the local authority—for instance, the extra bookkeeping involved—and not the substantial cost which is intended and which is felt to be quite clear. The intention of my right honourable friend the Minister in this Bill is that it is the short-fall in revenue, due to the granting of the travel concession, which can be charged to the rate fund, and he is advised that no amendment of the Bill is necessary in order to achieve this result. I hope that this assurance will satisfy the noble Lord and that he will not press this Amendment or the other two Amendments allied with it.

§ LORD BURDEN
I am grateful to the noble Lord, and with that assurance I beg leave to withdraw my Amendment.

§ LORD BURDEN
I beg to move this Amendment standing in my name. It will be seen that in the marginal note to Clause 2 there appear the words: Expenditure by local authorities under this Act. I believe I am correct in saying that the marginal note will not form part of the Bill, if and when it becomes an Act. From time to time it has been urged from both sides of your Lordships' House, 740 "Put it in the Bill." The words "under this Act" do not appear in the clause, and I submit this Amendment to your Lordships in order to remedy that omission. I beg to move.

LORD HAWKE
The marginal note is at any rate an evidence of the intention of Her Majesty's Government, and I can give the noble Lord an assurance on this matter. Where the local education authority arrange for travel facilities to be provided in the circumstances permitted by Section 55 of the Education Act they will obviously attract a 60 per cent. grant. Where, however, concessions are granted outside the orbit of those permitted under the Education Act, that is to say under paragraphs (b) and (c) of subsection (2) of Clause 1 of this Bill, then they will not attract a grant under the Education Act but will be chargeable to the local rate. While I am dealing with that particular question I would take the opportunity of putting right a small mistake which I made yesterday in a reply to the noble Lord, Lord Lucas of Chilworth. In an interchange of question and answer I used some words (OFFICIAL REPORT, Vol. 192 (No. 51), col. 714) which could mislead people, were they taken out of their surroundings. Where I said: That is the intention of the Bill. I should have added: in cases where a grant was already being attracted. I had already made clear in my previous remarks that nothing in this Bill could alter the question of whether or not children's travel would attract an education grant, but I am glad of the opportunity of setting matters right and I apologise for any misunderstanding which may have occurred.

§ LORD BURDEN
In view of the assurance given by the noble Lord, for which I am grateful, I beg leave to withdraw my Amendment.

CONTENTS
Kilmuir, V. (L. Chancellor.)	Colville of Culross, V.	Haden-Guest, L.
	Falmouth, v.	Hawke, L.
Cholmondeley, M.	FitzAlan of Derwent, V.	Henderson, L.
Waterford, M.	Gage, V.	Jessel, L.
	Goschen, V.	Leconfield, L.
Bessborough, E.	Hall, V.	Lloyd, L.
Dundee, E.	Hudson, V.	Mancroft, L.
Dundonald, E.	Portman, V.	Milner of Leeds, L.
Fortescue, E. [Teller.]	Stonehaven,	O'Hagan, L.
Grey, E.	Swinton, V.	Pakenham, L.
Home, E.	Templewood, V.	Raglan, L.
Huntingdon, E.	Woolton, V.	Rathcavan, L.
Jowitt, E.		Saltoun, L.
Listowel, E.	Ailwyn, L.	Sandys, L.
Lucan, E.	Burden, L.	Savile, L.
Onslow, E. [Teller.]	Chesham, L.	Sempill, L.
St. Aldwyn, E.	Chorley, L.	Shepherd, L.
Selkirk, E.	Crook, L.	Silkin, L.
	De L'Isle and Dudley, L.	Strang, L.
Alexander of Hillsborough, V.	Fairfax of Cameron, L.	Stratheden and Campbell, L.
Bledisloe, V.	Glyn, L.	Teviot, L.
		Wise, L.

NOT-CONTENTS
Amulree, L.	Moynihan, L.	Rea, L.
Grantchester, L. [Teller.]	Nunburnholme, L. [Teller.]	Sinha, L.
		Strabolgi, L.