HL Deb 04 July 1975 vol 362 cc545-8

3.5 p.m.

Report of Amendments received.

Clause 1 [Duty to offer agreements]:

Lord ELTON moved Amendment No. 1: Page 2, line 7, leave out from (" person ") to (" as") in line 8 and insert (" who is permitted to station a mobile home on a protected site occupies it ").

The noble Lord said: My Lords, I beg to move this Amendment which is designed to restore the intended content of Clause 1 as it was before the clause was redrafted. I must crave your Lordships' indulgence for a manuscript Amendment which should be included and of which I hope the noble Lord on the Woolsack has a note. The Amendment should read: Page 2, line 7, leave out from (" person ") to (" as") in line 8 and insert (" is permitted to station a mobile home on a protected site and occupies it "). I hope that the noble Lord on the Woolsack will accept that. The effect of the Amendment is to prevent the unintentional application of the provision of the clause to occupants of mobile homes who are not the owners thereof, particularly those whose mobile homes are owned by the site owner. This was the intention agreed by all Parties in the other place and in this place in the earlier stages of the Bill. Therefore it is technically only a drafting Amendment.

Lord MELCHETT

My Lords, the noble Lord, Lord Elton, has spotted, at what is indeed the eleventh hour, a technical defect which could have had more than technical repercussions. I accept that the sponsors of the Bill intended this legislation to apply solely to those residents who own, or who are buying, their mobile home and who rent the space on which it stands. This was brought out in another place by the honourable Member for Bridgwater, when he moved both Second and Third Readings of this Bill, and the Government have never believed that any different interpretation was meant.

I think that the sponsors' intention is illustrated by Clause 1(1) which provides for residents coming on to the site after the Act takes effect. It is certainly desir- able in our view to make Clause 1(2) consistent with Clause 1(1) and thereby to remove any ambiguity which inadvertently may arise. I agree with the noble Lord's Amendment.

On Question, Amendment agreed to.

Clause 3 [Term of agreements etc.]:

Lord ELTON moved Amendment No. 2: Page 3, line 41, after (" occupier ") insert (" to require the owner ").

The noble Lord said: My Lords, this is a drafting Amendment. At present, the Bill gives the occupier the right "to extend" the agreement for three years (after the expiry of the original five year period) whereas it is of course the owner who will extend the agreement. This Amendment accordingly amends the occupier's right, to make it a right to require the extension of the agreement. I beg to move.

On Question, Amendment agreed to.

Lord ELTON moved Amendment No. 3: Page 4, line 6, leave out (" subsection (2) of section 2 ") and insert (" section 2(2)").

The noble Lord said: My Lords, I beg to move this Amendment, which amends the reference to a subsection of Clause 2, to bring the drafting into line with modern practice.

On Question, Amendment agreed to.

Clause 6 [Orders]:

Lord ELTON moved Amendment No. 4 Page 7, line 34, leave out (" Act ") and insert (" section ").

The noble Lord said: My Lords, this also is a drafting Amendment to correct an erroneous reference in subsection (3) of Clause 6 to orders made "under this Act". I beg to move.

On Question, Amendment agreed to.

Clause 7 [Power to prescribe minimum standards]:

Lord ELTON

My Lords, I beg to move Amendment No. 5. This slightly longer Amendment brings the provisions of Clause 7, which sets out the procedural requirements for raising the Orders made under that clause, into line with the equivalent provisions in Clause 6 relating to Orders made under that clause.

Amendment moved—

Page 8, line 11, leave out subsection (3) and insert— (" (3) The power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument. (4) An order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Any power of the Secretary of State to make an order under any provision of this section shall include a power to make an order varying or revoking any order previously made under that provision.")—(Lord Elton.)

On Question, Amendment agreed to.

Clause 9 [Interpretation]:

Lord ELTON moved Amendment No. 6: Page 9, line 1, leave out first (" a ").

The noble Lord said: My Lords, with the leave of the House I will take with this Amendment, Amendment No. 7. These are very small Amendments indeed and although trivial I think they are necessary. We are altering the Bill so that the definition of "a protected site" becomes the definition of "protected site" and "a site licence" becomes "site licence" as is normal in definition clauses.

On Question, Amendment agreed to.

Lord ELTON

My Lords, I beg to move Amendment No. 7.

Amendment moved— Page 9, line 11, leave out (" a ").—(Lord Elton.)

On Question, Amendment agreed to.

Schedule [Modifications of the Act of 1968 for the purpose of extending that Act to Scotland]:

Lord ELTON

My Lords, I beg to move Amendment No. 8. This also is a small but significant alteration which is merely intended to put into its correct position a word which has strayed from it in the drafting of the Act.

Amendment moved— Page 10, line 6, leave out (" subsection 17(3) (extent) of the Act of 1968 ") and insert (" section 17(3) of the Act of 1968 (extent)"). —(Lord Elton.)

On Question, Amendment agreed to.

Lord ELTON

I beg to move Amendment No. 9. This is a purely drafting Amendment on the same lines as that which we took earlier for page 10, Amendment No. 8.

Amendment moved— Page 10, line 27, leave out (" Subsection (1) of section 12 ") and insert (" Section 12(1)").—(Lord Elton.)

On Question, Amendment agreed to.