Orders of the Day — First Schedule. — (Minor Amendments consequential on Part III.)

– in the House of Commons at 12:00 am on 18th February 1948.

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Photo of Mr John Edwards Mr John Edwards , Blackburn 12:00 am, 18th February 1948

I beg to move, in page 95, to leave out lines 12 to 16.

This Amendment is consequential.

Photo of Mr Derek Walker-Smith Mr Derek Walker-Smith , Hertford

I hasten to reassure the Committee that I am not rising to oppose or criticise the Amendment to the Schedule, which is consequential on a previous new Clause, but it is appropriate to suggest for the consideration of the Minister that it might be possible to follow in this Bill the valuable precedent set in the Town and Country Planning Act, 1947. This Schedule refers to amendments of the Rating and Valuation Act, 1925, and, in addition to the amendments to this Act, there are, of course, provisions for the repeal of a very substantial number of Sections of this Act in the ensuing Schedule, and this forms a very close parallel to the case of the Town and Country Planning Act, 1944, and the Act of the same name of 1947. As a result, I think, of something done in another place, the amended and unrepealed provisions of the Town and Country Planning Act, 1944, are now set out as a Schedule to the Town and Country Planning Act, 1947.

Photo of Mr Francis Bowles Mr Francis Bowles , Nuneaton

The hon. Gentleman is very wide of the subject of the Amendment.

Photo of Mr Derek Walker-Smith Mr Derek Walker-Smith , Hertford

With respect, Mr. Bowles, I think my comments arise out of the proposal to amend the Schedule, which itself is amending the Rating and Valuation Act, 1925, and what I am putting before the Committee is an appropriate method, which has already been effected—

Photo of Mr Francis Bowles Mr Francis Bowles , Nuneaton

I think the hon. Gentleman may make his speech more appropriately on the Question, "That this be the First Schedule to the Bill."

Amendment agreed to.

Motion made, and Question proposed, "That the Schedule, as amended, be the First Schedule to the Bill."

Photo of Mr Derek Walker-Smith Mr Derek Walker-Smith , Hertford

I will now seek to develop the argument I was putting before the Committee on the Amendment to this Schedule. I was in process of trying to draw the attention of the Committee to what I conceive to be a very valuable and useful precedent, and that is the incorporation in the Town and Country Planning Act, 1947, of a Schedule setting out the unrepealed and amended portions of the Town and Country Planning Act, 1944. That is of great advantage to those who have to make frequent reference to the Statute. They have ready to hand the whole of the existing portions of the previous Act, as amended and as partly repealed by the new Act. I hope the Minister will take it that it is the general opinion of those who have for various reasons to use this Statute that this has been most helpful. There seems to be a parallel case here, as a large number of the Sections of the Rating and Valuation Act, 1925, are being repealed by the provisions of this Bill, and certain other Sections of that Act are amended

"30 & 31 Viet. c. 102.The Representation of the People Act, 1867Section seven"
—[Mr. J Edwards.]

In page 98, line 3, leave out "Subsection (2) of."—[Mr. J. Edwards.]

"7 Edw. 7 c 53.The Public Health Acts Amendment Act, 1907Paragraphs (d), (e) and (h) of Subsection (1) of Section seventy-six.
15 & 16 Geo 5. c. 71The Public Health Act, 1925.Subsections (1) to (4) of Section fifty-six and the proviso to Subsection (1) of Section seventy."

This Amendment and the four subsequent Amendments all relate to the new Clause which it was agreed we should take tomorrow. I think it would be convenient to take them now, as they cover

"3 Edw. 7. c. 33.The Burgh Police (Scotland) Act, 1903.In Section forty-four, paragraph 3."
[Mr. T. Fraser.]

In line 51, at end, insert:

"26 Geo. 5 & 1 Edw. 8 c. 49.The Public Health Act, 1936.The proviso to Subsection (1) of Section two hundred and twenty-six.
26 Geo. 5 & 1 Edw. 8. c. 50The Public Health (London) Act, 1936.The proviso to Subsection (1) of Section one hundred and seventy-two."
[Mr. J. Edwards.]

In page 101, line 7, at end, insert:

"1 Edw. 8 and 1 Geo. 6. c. 46.The Physical Training and Recreation Act, 1937.In Section ten, in Subsection (5) the words from 'Provided that,' to the end of the Subsection."—[Mr T Fraser.]

Photo of Mr Thomas Fraser Mr Thomas Fraser , Hamilton

I beg to move, in page 101, line 28, column 3, at the beginning, to insert: In Section seventy-four in Subsection (5) the words from "so however," to the end of the Subsection.

Photo of Commander Thomas Galbraith Commander Thomas Galbraith , Glasgow Pollok

I did not hear whether we were told that this is a consequential Amendment. I should be glad if we might have some information about it.

Photo of Mr John Wheatley Mr John Wheatley , Edinburgh East

The reason for this Amendment is that by

by the provisions of this Bill. It will be a great convenience to those who will use this Measure if the remaining provisions of the 1925 Act, as amended, could be set out as a Schedule in precisely the same way as the amended and unrepealed Sections of the 1944 Act were set out as a Schedule to the 1947 Act.

Schedule, as amended, agreed to.