HL Deb 01 July 1975 vol 362 cc192-5

7.42 p.m.

The LORD CHANCELLOR

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

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

On Question, Motion agreed to.

House in Committee accordingly.

[The Earl Cathcart in the Chair.]

Clauses 1 and 2 agreed to.

Clause 3 [Registering authorities, local land charges registers, and indexes]:

The LORD CHANCELLOR

I beg to move Amendment No. 1. This Amendment provides that the area of the Common Council of the City of London as a registering authority under the Bill is to include the Temples. The Amendment reproduces in terms appropriate to the Bill the provisions of Article 5(6) of the Temples Order 1971, whereby the proper officer to act as registrar of local land charges affecting the Temples is the town clerk of the City. Under Clause 3, responsibility for the registration of local land charges is imposed upon registering authorities. The effect of the Amendment is simply to transfer the existing responsibility from the town clerk to the Common Council itself. I beg to move.

Amendment moved— Page 3, line 36, at end insert— ("(4) For the purposes of this Act the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple.").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clauses 4 to 18 agreed to.

Clause 19 [Repeals and transitional provisions]:

The LORD CHANCELLOR

Amendment No. 2 is consequential on Amendment No. 1 which the Committee has recently passed, and introduces the repeal of Article 5(6) of the Temples Order effected by the Amendment to Schedule 2. I beg to move.

Amendment moved— Page 12, line 33, after ("provisions)") insert ("and the instrument there specified").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 19, as amended, agreed to.

Remaining clause agreed to.

Schedule 1 [Consequential amendments]:

The LORD CHANCELLOR

It may be convenient to take Amendments Nos. 3 and 4 together. These Amendments, which repair an omission in the Schedule of Amendments, provide that the designation of a conservation area is to be a local land charge. Under Section 277 of the Town and Country Planning Act 1971, as substituted by Section 1 of the Town and Country Amenities Act 1974, the designation of a conservation area is to be registered in the register of local land charges in the manner prescribed by rules et cetera. The new régime of the Bill makes this lengthy formula unnecessary, and the Amendment fits designations into the scheme of the Bill by simply providing that they are to be local land charges. I beg to move Amendment No. 3.

Amendment moved— Page 20, line 44, leave out ("and").—(The Lord Chancellor.)

On Question, Amendment agreed to.

The LORD CHANCELLOR

I beg to move Amendment No. 4.

Amendment moved—

Page 21, line 5, at end add ("and (c) in section 277(9), for the words from 'registered' onwards substitute 'a local land charge'").—(The Lord Chancellor.).

Viscount COLVILLE of CULROSS

I should like to say one word on this Amendment. Since the designation of an area as a conservation area can be done by a local authority without going anywhere near Government, and this now, particularly since the Town and Country Amenities Act, results in one not even being able to pull down one's own house without planning permission, it is extremely important that this omission should be put right, and that people will know and be able to find out whether there is a conservation area affecting a house that they propose to buy.

The LORD CHANCELLOR

I respectfully agree.

On Question, Amendment agreed to.

Schedule 1. as amended, agreed to.

Schedule 2 [Repeals]:

The LORD CHANCELLOR

I beg to move Amendment No. 5. This Amendment is consequential on Amendment No. 1 and repeals the provision in the Temples Order whereby the town clerk of the City is responsible for the local land charges affecting the Temples. I beg to move.

Amendment moved— Page 24, line 53, at end insert:

("Instrument
Number Title Extent of Repeal
1971 No. 1732. The Temples Order 1971. Articles 5(6).")

—(The Lord Chancellor.)

On Question, Amendment agreed to.

Schedule 2, as amended, agreed to.

House resumed: Bill reported with the Amendments.