HL Deb 24 April 1975 vol 359 cc1020-4

3.23 p.m.

The MINISTER of STATE, SCOTTISH OFFICE (Lord Hughes)

My Lords, I have it in command from Her Majesty the Queen to acquaint the House that Her Majesty, having been informed of the purport of the Local Government (Scotland) Bill, has consented to place her prerogative and interest, so far as they are affected by the Bill, at the disposal of Parliament for the purposes of the Bill. I beg to move that this Bill be now read a third time.

Moved, That the Bill be read 3a.— (Lord Hughes.)

On Question, Bill read 3a with the Amendments.

Clause 37 [Minor and consequential amendments and repeals]:

Lord HUGHES

My Lords, I beg to move Amendment No. 1 which is purely a drafting Amendment.

Amendment moved— Page 31, line 29, after ("Act") insert ("and of the Valuation Acts and of any enactment having effect by virtue of those Acts consequential on section 18 of this Act,").—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 38 [Short title, commencement construction, savings and extent]:

Lord HUGHES moved Amendment No. 2:

Page 32, line 11, leave out subsection (6) and insert— (" (6) This Act, except paragraph 5 of Schedule 3 and except in so far as it relates to the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975, extends to Scotland only.")

The noble Lord said: My Lords, this Amendment which deals with the commencement and extent of the Bill ensures that certain provisions apply outside Scotland. These are; first, paragraph 5 of Schedule 3 which provides for the making of regulations as to the issue, transfer et cetera of stocks and bonds. The registers of short-term bonds maintained under the regulations will require to be kept in London because of the accepted basis of dealing in such bonds; and so the regulations will require to be legally operative in this respect outwith Scotland. Secondly, the provisions dealt with in the later Amendments relating to disqualification from membership of the House of Commons and the Northern Ireland Assembly. I beg to move.

On Question, Amendment agreed to.

Schedule 4 [The Commissioner]:

Lord HUGHES moved Amendment No. 3: Page 52, leave out from beginning of line 7 to ("there") in line 10 and insert—

("Disqualification for membership of the House of Commons and the Northern Ireland Assembly

6. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975")

The noble Lord said: My Lords, this Amendment is to paragraph 6 of Schedule 4 which disqualifies the Commissioner for Local Administration in Scotland from acting as a Member of Parliament. It replaces a reference to the House of Commons Disqualification Act 1957 which is being consolidated with a reference to the consolidating Act of 1975. It also ensures that the Commissioner is disqualified from membership of the Northern Ireland Assembly.

On Question, Amendment agreed to.

Schedule 6 [Minor and consequential amendments]:

Lord HUGHES

My Lords, I beg to move Amendment No. 4 which is a purely drafting Amendment.

Amendment moved—

Page 60, line 10, at end insert— (" 40A. In section 12(7)(b) (borrowing powers of Executive), for the words "section 278 of the Local Government (Scotland) Act 1947" there shall be substituted the words "paragraph 26 of Schedule 3 to the Local Government (Scotland) Act 1975".")—(Lord Hughes.)

On Question, Amendment agreed to.

Lord HUGHESB moved Amendment No. 5:

Page 63, line 35, at end insert—

("The House of Commons Disqualification Act 1975 (c.)

59. In Part III of Schedule 1, in the entry relating to local government officers the words from "County clerk or" to the end of the entry shall cease to have effect.

60. In Part IV of Schedule 1, in the entry relating to Her Majesty's Lieutenant for a county in Great Britain for the words "Great Britain" there shall be substituted the words "England and Wales", and after that entry there shall be inserted the following entries—

Her Majesty's lord-lieutenant or lieutenant for a region in Scotland.

Any constituency comprising the whole or part of such part of the region as may be determined by Order in Council made by Her Majesty in which the lord-lieutenant holds office or in which the lord-lieutenant or lieutenant discharges his functions.

Her Majesty's lord-lieutenant or lieutenant for an islands area in Scotland.

Any constituency comprising the whole or part of the islands area for which the lord-lieutenant or lieutenant is appointed or for which the lord-lieutenant holds office.

Her Majesty's lord-lieutenant or lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh or Glasgow.

Any constituency comprising the whole or part of the district in which the lord-lieutenant holds office or for which the lieutenant is appointed.

The Northern Ireland Assembly Disqualification Act 1975 (c. )

61. In Part III of Schedule 1, in the entry relating to local government officers the words from "County clerk or" to the end of the entry shall cease to have effect.")

The noble Lord said: My Lords, first, this Amendment removes the disqualification from serving as Members of Parliament of clerks and depute clerks of a county district or burgh. Such officers will cease to exist as from 16th May onwards. It also ensures that Lord Lieu-

Page 66, line 30, at end insert—

" 1975 c. • The House of Commons Disqualification Act 1975. In Part III of Schedule 1, in the entry relating to local government officers the words from "County clerk or" to the end of the entry.
1975 c. • The Northern Ireland Assembly Disqualification Act 1975. In Part III of Schedule 1, in the entry relating to local government officers the words from "County clerk or" to the end of the entry.")—(Lord Hughes.)

On Question, Amendment agreed to.

Lord HUGHES

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Lord Hughes.)

On Question, Bill passed and returned to the Commons.

tenants and Lieutenants appointed under Section 205 of the Local Government (Scotland) Act 1973 are disqualified from serving as Members of Parliament for any part of the lieutenancy.

On Question, Amendment agreed to.

Schedule 7 [Repeals]:

Lord HUGHES

My Lords, I beg to move Amendment No. 6. It is purely consequential.

Amendment moved—

Page 65, line 2, column 3, at beginning insert (" In section 4(9) the words from "or by any" to the end ").—(Lord Hughes.)

On Question, Amendment agreed to.

Lord HUGHES

My Lords, I beg to move Amendment No. 7. It is purely consequential.

Amendment moved—