HL Deb 29 March 1990 vol 517 cc975-7

3.36 p.m.

The Lord Chancellor (Lord Mackay of Clashfern)

My Lords, I beg to move that the House do now resolve itself into Committee (on recommitment) on this Bill.

Moved, That the House do now resolve itself into Committee (on recommitment).— (The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee (on recommitment) accordingly.

[The CHAIRMAN OF COMMITTEES in the Chair.]

Clauses 1 to 66 agreed to.

Clause 67 [Notification of applications for planning permission for mineral working]:

The Lord Chancellor moved Amendment No. 1: Page 44, line 13, leave out ("so long as") and insert ("if).

The noble and learned Lord said: This is a minor drafting amendment, bringing the wording of Clause 67 (8) into line with that of Clause 65 (5). Perhaps I should add for the convenience of the Committee that these amendments are in relation to the Bills that are now being considered, and immediately after this, and which have arisen after the consideration of the Bills by the Joint Committee. The Chairman of the Joint Committee has seen these amendments and expresses his approval of them. I beg to move.

On Question, amendment agreed to.

Clause 67, as amended, agreed to.

Clauses 68 to 148 agreed to.

Clause 149 [Scope of Chapter 11]:

The Lord Chancellor moved Amendment No. 2: Page 98, line 37, leave out ("in a case not falling within paragraph (a)")

The noble and learned Lord said: With this amendment, I shall speak to Amendments Nos, 3, 4 and 5. This group of amendments gives effect in the Bill to amendments made to Sections 192 (4) (b) and 207 of the Town and Country Planning Act 1971 by the Town and Country Planning (Blight Provisions) Order 1990. The amendments made by the order take account of changes to the rating system made by the Local Government Finance Act 1988 and will come into force on 1st April 1990. I beg to move.

On Question, amendment agreed to.

Clause 149, as amended, agreed to.

Clauses 150 to 170 agreed to.

Clause 171 [General interpretation of Chapter 11]:

The Lord Chancellor moved Amendments Nos. 3 to 5: Page 115, leave out lines 14 to 19 and insert: (" "annual value" means— (a) in the case of a hereditament which is shown in a local non-domestic rating list and none of which consists of domestic property or property exempt from local non-domestic rating, the value shown in that list as the rateable value of that hereditament on the date of service; (b) in the case of a hereditament which is shown in a local non-domestic rating list and which includes domestic property or property exempt from local non-domestic rating, the sum of— (i) the value shown in that list as the rateable value of that hereditament on the date of service; and (ii) the value attributable to the non-rateable part of that hereditament in accordance with subsections (2) and (3); (c) in the case of any other hereditament, the value attributable to that hereditament in accordance with subsections (2) and (3); "). Page 115, leave out lines 22 to 24 and insert— (" "hereditament" means a relevant hereditament within the meaning of section 64 (4) (a) to (c) of the Local Government Finance Act 1988; ") Page 115, leave out from beginning of line 32 to end of line 11 on page 116 and insert: (" (2) The value attributable to a hereditament, or the non-rateable part of it, in respect of domestic property shall be the value certified by the relevant valuation officer as being 5 per cent. of the compensation which would be payable in respect of the value of that property if it were purchased compulsorily under statute with vacant possession and the compensation payable were calculated in accordance with Part I of the Land Compensation Act 1961 by reference to the relevant date. (3) The value attributable to a hereditament, or the non-rateable part of it, in respect of property exempt from local non-domestic rating shall be the value certified by the relevant valuation officer as being the value which would have been shown as the rateable value of that property on the date of service if it were a relevant non-domestic hereditament consisting entirely of non-domestic property, none of which was exempt from local non-domestic rating. (4) Land which (apart from this subsection) would comprise separate hereditaments solely by reason of being divided by a boundary between rating areas shall be treated for the purposes of the definition of "hereditament" in subsection (1) as if it were not so divided. (5) In this Section— date of service" has the same meaning as in section 168; relevant valuation officer" means the valuation officer who would have determined the rateable value in respect of the hereditament for the purposes of Part III of the Local Government Finance Act 1988 if the hereditament had fulfilled the conditions set out in section 42 (1) (b) to (d) of that Act; relevant date" is the date by reference to which that determination would have been made; and expressions used in the definition of "annual value" in subsection (1) or in subsection (2) or (3) which are also used in Part III of that Act have the same meaning as in that Part.").

The noble and learned Lord said: I have already spoken to these amendments. With the Committee's permission, I move them en bloc. I beg to move.

On Question, amendments agreed to.

Clause 171, as amended, agreed to.

Clauses 172 to 335 agreed to.

Clause 336 [Interpretation]:

The Lord Chancellor moved Amendment No. 6: Page 224, leave out lines 38 to 45.

The noble and learned Lord said: This amendment is designed to omit two definitions which have become unnecessary because the expressions defined do not appear elsewhere in the Bill. I beg to move.

On Question, amendment agreed to.

Clause 336, as amended, agreed to.

Remaining Clause agreed to.

Schedule 1 agreed to.

Schedule 2 [Development plans: transitional provisions]:

The Lord Chancellor moved Amendments Nos. 7 and 8: Page 248, line 21, leave out (" ("the GLDP") "). Page 248, line 22, leave out ("the GLDP") and insert ("that Plan").

The noble and learned Lord said: These two amendments to Schedule 2 are minor drafting amendments removing a definition which is unnecessary. I beg to move them en bloc.

On Question, amendments agreed to.

Schedule 2, as amended, agreed to.

Schedules 3 to 11 agreed to.

Schedule 12 [Unexpended balance of established development value]:

The Lord Chancellor moved Amendment No. 9: Page 287, line 1, after ("133") insert ("of this Act").

The noble and learned Lord said: This is another minor drafting amendment which makes clear that the Section 133 referred to in paragraph 10 (2) (b) is a section of the Bill and not of the 1954 Act. I beg to move.

On Question, amendment agreed to.

Schedule 12, as amended, agreed to.

Remaining schedules agreed to.

House resumed: Bill reported with amendments.