§ Mr. Chaterasked the Attorney-General whether he is aware that certain gas, water and electricity undertakings are endeavouring to evade the provisions of the Courts (Emergency Powers) Act by exercising their powers to withdraw supplies; that other firms are also seeking to evade the Act by insisting that payments made since the passing of the Act shall be set off against pre-war indebtedness, and.thus, when the indebtedness is wiped out, be able to obtain judgment, and, without reference to the courts, proceed to distrain in respect of supplies delivered since the passing of the Act; and whether legislative action will be taken to restrict the right of gas, water and electricity undertakings to cut off supplies, and to give county courts power to direct that payments made since the passing of the Act shall be appropriated in respect of supplies delivered since that date?
§ The Attorney-GeneralI am not aware of any ground for the suggestion that certain gas, water and electricity undertakings are withdrawing supplies as a means of evading the provisions of the Act. The right of such undertakings to cut off supplies is conferred by Statute, but any proceedings for recovery of amounts due in respect of supplies already obtained by the consumer are subject to the restrictions imposed by the Courts (Emergency Powers) Act. The general principle as to appropriation of payments is that the debtor has a right to appropriate, but if he does not do so the right passes to the creditor. As at present advised, I have no reason to think that any legislation restricting the existing rights of gas, water or electricity undertakings to withdraw supplies would be justified. If the hon. Gentleman has any specific cases which he thinks ought to be investigated he should refer them to the appropriate Department.