HL Deb 02 July 1984 vol 454 cc92-3

58 Page 30, leave out line 34.

59 Page 30, line 36, leave out ("and") and insert— ("(aa) for the words from "for the supply" to "the Minister" there shall be substituted the words "executed on the holding for the purpose of complying with the requirements of a notice under section 3 of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (provision of sanitary conveniences and washing facilities)"; and")

60 Page 31, leave out lines 7 to 12 and insert (", in paragraph (a), after the word "fixture" there shall be inserted the words "(of whatever description)".")

61 Page 31, line 13, leave out first ("subsection") and insert ("subsections")

62 Page 31, line 14, at end insert— (" "(4AA) Subsection (1) of this section applies to a fixture whether it was affixed to the holding for the purposes of agriculture or not; but this section shall not be taken as prejudicing any right to remove a fixture that subsists otherwise than by virtue of this section.")

63 Page 31, line 44, leave out ("(1)")

64 Page 31, line 45, after ("etc.)") insert ("— (a) in subsection (1),")

65 Page 32, line 2, at end insert ("; and (b) at the end of subsection (2) there shall be added the words "; and any person so appointed may, on production of evidence of his appointment, enter the holding at all reasonable times for the purpose of making any such record." ")

66 Page 34, leave out lines 5 to 8.

67 Page 34, line 13, leave out ("that date, for those purposes,") and insert ("31st December 1900, for the purposes of his trade or business as a market gardener,")

68 Page 34, line 43, leave out (" "six" ") and insert (" "eight" ")

69 Page 34, line 48, at end insert— ("18A. — (1) Section 77 of that Act (arbitrations under the Act) shall be amended as follows. (2) In subsection (1), for the words "the Sixth Schedule to this Act" there shall be substituted the words "any order under this section, together with the provisions of the Sixth Schedule to this Act (as for the time being in force)". (3) The following subsections shall be substituted for subsections (2) to (4) — (2) The Lord Chancellor may by order make provision as to the procedure to be followed in, or in connection with, proceedings on arbitrations under this Act. (3) An order under this section may in particular—

  1. (a) provide for the provisions of the Sixth Schedule to this Act, exclusive of those mentioned in subsection (4) of this section, to have effect subject to such modifications as may be specified in the order;
  2. (b) prescribe forms for proceedings on arbitrations under this Act which, if used, shall be sufficient;
  3. (c) prescribe the form in which awards in such proceedings are to be made.
(4) An order under this section shall not make provision inconsistent with the following provisions of the Sixth Schedule, namely paragraphs 1 to 5 and 10 to 12, the proviso to paragraph 13, and paragraphs 17, 19, 20A, 20B and 24 to 28. (5) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section "modifications" includes additions, omissions and amendments." ")

70 Page 35, leave out lines 4 and 5.

71 Page 36, line 39, leave out sub-paragraph (2) and insert— ("(2) The following sub-paragraph shall be inserted after paragraph 1(1)— (1A) Any such appointment by the Minister shall be made by him as soon as possible after receiving the application; but where the application is referable to a demand for arbitration made under section 8 of this Act any such appointment shall in any event not be made by him earlier than four months before the next termination date following the date of the demand (as defined by section 8A(2) of this Act).".")

72 Page 38, line 7, at end insert— ("The Opencast Coal Act 1958 (C. 69) 28A. In section 24(6) of the Opencast Coal Act 1958 (tenant's right to compensation for improvements etc.), in proviso (b), for each of the words "four" and "five" there shall be substituted the word "eight".")

73 Page 39, line 29, after ("appointed") insert ("by agreement between the parties, or (in default of such agreement) an application may be made under paragraph 1 of Schedule 6 to that Act for the appointment of an arbitrator,")

74 Page 39, line 33, leave out from ("for") to end of line 35 and insert ("the making of any such appointment by agreement or application as is there mentioned or, where any such appointment or application has been duly made," ")

Lord Belstead

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 58 to 74 en bloc. With leave, I speak to Amendments Nos. 59 to 74.These are minor technical amendments to improve the working of the existing legislation in relation to the removal of fixtures, powers of entry, time limit for settlement of claims and procedure on arbitrations.

Moved, That this House doth agree with the Commons in the said amendments.—Lord Belstead.)

On Question, Motion agreed to.