§ 231 After Clause 63, insert the following new clause —
§ 'Local authority failure to comply with statutory duty: default power of Secretary of State.
§ .—(1) If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty.
§ (2) An order under subsection (1) shall give the Secretary of State's reasons for making it.
§ (3) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appears to the Secretary of State to be necessary.
§ (4) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.'.
§ The Lord ChancellorMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 231. The amendment would give the Secretary of State a default power in respect of a failure by a local authority without reasonable excuse to comply with any of its duties under the Bill. I agreed to consider the need for such a power in response to amendments put down by the noble Lord, Lord Prys-Davies, in Committee on 23rd January and at Third Reading.
In addition to those general default powers there are other provisions on which disaffected persons should draw first. If necessary I could elaborate on those provisions. The default power was intended as a power of last resort to deal with default on the part of local authorities.
§ Moved, That the House do agree with the Commons in the said amendment. —(The Lord Chancellor.)
§ On Question, Motion agreed to.