HL Deb 23 October 1975 vol 364 cc1628-9

[Nos. 7–9.]

Clause 3, leave out Clause 3.

The Commons disagreed to this Amendment but proposed the following Amendments to the words so restored to the Bill:

Page 8, line 33, leave out from ("in") to end of line 34 and insert ("appropriate annual portions").

Page 3, line 33, at end insert("( ) In subsection (1) above "appropriate annual portions" means annual portions each of which is not less than one-fifth of the sum charged to the general rate fund, except that, if the effective date of the rent loss certificate falls in February or March, the council shall not be obliged to charge any amount in respect of the year commencing on the 1st April following the effective date.")

Lord SHEPHERD

My Lords, I beg to move that this House doth not insist on their Amendment No. 7 to which the Commons have disagreed, and agree with the Commons in their Amendments Nos. 8 and 9 to the words so restored to the Bill. This Amendment was designed to prevent local authorities from recovering the amount of the rent loss certificate by a charge on the rates. The noble and learned Lord, Lord Hailsham, referred to the rates in the course of his remarks on the previous Amendment which, in fact, dealt with rents. What we are seeking to do here is to give an unfettered authority to the local authorities to decide how this sum should be recovered. Under the Bill, it is open to the local authority to recover the sum through either increased rents or increased rates over the whole of a new authority. It also has the discretion of imposing increased rents or rates on the locality where the infringement—the breaking of the law—occurred. We have given responsibility for this decision to the local elected authorities.

Moved, That this House doth not insist on their Amendment No. 7 to which the Commons have disagreed, and agree with the Commons in their Amendments Nos. 8 and 9 to the words so restored to the Bill.—(Lord Shepherd.)

Lord HAILSHAM of SAINT MARYLEBONE

My Lords, the persons who benefited were the rent payers of the old authority area. It is now proposed to make rent payers of the enlarged authority area who did not benefit bear the burden. This is the combined effect, at the option of the local authority, of the present and the previous Amendments which have been proposed by the Party of social justice.

On Question, Motion agreed to.