HL Deb 27 July 1972 vol 333 cc1509-10

[No. 1]

Clause 72, page 58, line 9, at end insert— (" ( ) In subsection (1) for the words from "there has" to "this Act" there shall be substituted the words "a local authority—

  1. (a) have failed effectively to discharge any of their functions under Part II, III or IV of the Housing (Financial Provisions) (Scotland) Act 1972; or
  2. (b) have failed so to discharge any function conferred on them by that Act or any other enactment as to secure the effective discharge of any of their functions under those Parts of that Act;")

The Commons agreed to this Amendment, but proposed the following Amendment thereto: Line 2, leave out (" shall be ") and insert (" were ").

LORD POLWARTH

My Lords, I beg to move that this House doth agree with the Commons in their Amendment to the Lords' Amendment No. 1. This is intended to correct a grammatical error of drafting by substituting the word " were " for the words " shall be " in line 2. By so doing there is no change of sense. The present drafting produces a reading as follows: Section 195 of the Act of 1966 … shall have effect as if— ( ) In subsection (1) … there shall be substituted …". This is manifestly grammatically incorrect and obviously the word " were " is appropriate in the context. My Lords, I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Polwarth.)

On Question, Motion agreed to.