HL Deb 29 July 1971 vol 323 cc628-31

3.30 p.m.

THE LORD CHANCELLOR

My Lords, before the House goes into Committee I should inform your Lordships that this is a Consolidation Bill with Law Commission Amendments, and as such falls within the fourth category of Bills referred to the Joint Committee. In so far as the Bill is not pure consolidation, but gives effect to recommendations made by the Law Commission, it may be discussed in the House and in Committee of the Whole House. In this case the Joint Committee are of the opinion that the recommendations of the Law Commission are for the purpose of producing a satisfactory consolidation of the law, and they approve the recommendations, without amendment, and further state in their Report that in their opinion there is no point to which the attention of Parliament ought to be drawn.

My Lords, I beg to move that the House do now resolve itself into Committee (on Recommitment) on this Bill.

Moved. That the House do now resolve itself into Committee (on Recommitment).—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF LISTOWEL in the Chair.]

Clauses 1 to 295 agreed to.

Schedules 1 to 22 agreed to.

Schedule 23 [Consequential amendments]:

THE LORD CHANCELLOR moved Amendments Nos. 1 to 3:

Page 340, line 7, after (" 1965 ") insert (" (as amended by the Civil Aviation Act 1971) ").

Page 340,line 19, at end insert—

(" "the said section 118"" section 27 of the Act of 1962"(in both places) " the said section 164"" section 45 of the Act of 1971 ".")

Page 353, line 9, at end insert—

(" The Civil Aviation Act 1971 (c. )

In section 14 of the Civil Aviation Act 1971—

  1. (a)in subsections (6) and (9)(c) and (d) for the words"subsections (1) and (2) of section 158 of the Town and Country Planning Act 1962"and"section 153 of that Act"there shall be substituted respectively the words"subsections (1) and (2) of section 220 of the Town and Country Planning Act 1971"and"section 209 of that Act ";
  2. (b)in subsections (7) and (9)(d) for the words"section 82 of the Town and Country Planning Act 1962"and"Part V of that Act"there shall be substituted respectively the words"section 128 of the Town and Country Planning Act 1971"and"Part VI of that Act."

In section 17 of the Civil Aviation Act 1971 for the words set out in the first column below there shall be substituted the words set out opposite to them in the second column below:—

" section 118, 119, 123, 134(2) or 170(1) of the Town and Country Planning Act 1962 " " section 164, 165, 169, 187(2) or 237(1) of the Town and Country Planning Act 1971 ".
" the said section 118 " " the said section 164 ".
" section 27 of the said Act of 1962 " " section 45 of the said Act of 1971 ".
" section 122 of the said Act of 1962 " " section 168 of the said Act of 1971 ".
" section 129 of the said Act of 1962 " " section 180 of the said Act of 1971 ".
" section 130(2) or 133(1) of the said Act of 1962 " " section 181(2) or 186(1) of the said Act of 1971 ".
" the said section 27 " " the said section 45 ".
" Part III of the said Act of 1962 " " Part III of the said Act of 1971 ".

In Schedule 5 to the Civil Aviation Act 1971— (a) in paragraph 5, sub-paragraph (q) and (bb) shall be omitted and after paragraph (ee) there shall be inserted—

(b) in paragraph 6, sub-paragraphs (f) and (l) shall be omitted and after paragraph (m) there shall be inserted— (c) in paragraph 7, sub-paragraphs (c) and (g)shall be omitted and after paragraph (h)there shall be inserted— (d) in paragraph 8 for the words"section 69 of the Town and Country Planning Act 1968 ","the Town and Country Planning Act 1962"and"Section 70(2) of the said Act of 1968"there shall be substituted respectively the words"section 223 of the Town and Country Planning Act 1971 ","that Act"and"Section 225(2)(b) of the said Act of 1971 ".")

The noble and learned Lord said: In rising to propose this series of Amendments, which I think I can deal with together, subject to the agreement of the noble and learned Lord opposite, I would say simply that they are all technical, draftsman's Amendments. They are caused by the neck-and-neck race between this Bill, which is a Consolidation Bill, and the Civil Aviation Bill. We think that the Civil Aviation Bill is likely to come into force before April 1, 1972, which is the date set for the commencement of this Bill. It therefore becomes necessary for those references to be translated with effect from that date, and that is the purpose of these Amendments. It could have been done the other way, but it would have required double references in the Civil Aviation Bill owing to the date at which it comes` into force. That is the only purpose of any of these rather complicated Amendments. I beg to move Amendments Nos. 1 to 3.

On Question, Amendments agreed to.

Schedule 23, as amended, agreed to.

Schedule 24 agreed to.

Schedule 25 [Repeals]:

THE LORD CHANCELLOR

I beg to move Amendment No. 4.

Amendment moved— Page 381, line 47, at end insert—

(" 1971 c. The Civil Aviation Act 1971 In Schedule 5 paragraph 8(3) ")
—(The Lord Chancellor.)

On Question, Amendment agreed to.

Schedule 25, as amended, agreed to.

House resumed: Bill reported, with the Amendments; Report received.

Then, Standing Order No. 42 having been suspended (pursuant to the Resolution of July 22):

THE LORD CHANCELLOR

My Lords, I have it in command from Her Majesty the Queen and His Royal Highness the Prince of Wales that they, having been informed of the purport of the Town and Country Planning Bill, have consented to place their interests so far as they are concerned on behalf of the Crown, the Duchy of Lancaster and the Duchy of Cornwall, at the disposal of Parliament for the purposes of the Bill. My Lords, I beg to move that this Bill be now read a third time.

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

On Question, Bill read 3a, and passed, and sent to the Commons.