HL Deb 14 July 1988 vol 499 c990

7.16 p.m.

Lord Hesketh rose to move. That the order laid before the House on 10th June be approved [31st Report from the Joint Committee].

The noble Lord said: My Lords, the rateable values of statutory docks and harbours undertakings are determined by a formula set out in the 1976 Order SI 1476 No. 535. It takes rateable values as a percentage of the specified operating income for the previous year. To discount the effects of inflation the percentage is then adjusted back to 1976 price levels by means of the retail price index. In 1987 the retail price index was re-referenced; in other words, it was set back to a new base of 100. As a result the figures of the 1976 order no longer work to return valuations to their 1976 level. If nothing were done to correct the position, a four-fold rise in rateable values would result. The amending order seeks to rectify that by inserting a new term in the 1976 order which reflects the current RPI. That will preserve existing levels of assessment.

The proposed amendment has been the subject of full consultation with the industry and local authority associations, all of whom are content with it. I beg to move.

Moved, That the order laid before the House on 10th June be approved [31st Report from the Joint Committee].—(Lord Hesketh.)

Lord McIntosh of Haringey

My Lords, I do not think that those of us on these Benches have any objection to the purpose of the order. However, it is necessary to draw attention to the report of the Joint Committee on Statutory Instruments which points out that it purports to have retrospective effect where the parent statute confers no express authority to do so. I would not even draw the attention of the House to that if it were not for the fact that the report of the joint committee says that the department replied to its questions with a memorandum which may be found in Appendix 1. When one looks at Appendix 1 the memorandum refers to: The Harbours Works (Assessment of Environmental Effects) Regulations 1988", and as to why they should not apply to Scotland.

I do not think that the noble Lord would wish to be reminded of orders relating to the assessment of environmental effects. So the information before us, which unfortunately I did not read in time to get it corrected, is not entirely helpful. However, we accept that, although it would be possible to avoid retrospection, it probably would cause a lot of extra work and be unfair to many operators on dock and harbour land. Therefore we are content that the order should be made.

On Question, Motion agreed to.