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Second Schedule—(Modifications Ofpart Ii Of Act In Application To Certain Classes Of Dwelling-House)

Volume 530: debated on Wednesday 21 July 1954

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Lords Amendment: In line 30, after "Act" insert:

"and any certificate granted under paragraph 2 of this Schedule."

I beg to move, "That this House doth agree with the Lords in the said Amendment."

The Amendment is linked with the two following Amendments. The hon. Member for Hamilton (Mr. T. Fraser) moved an Amendment on report which would have required the local authority to give a certificate of disrepair on refusing a certificate of repair under the special procedure in the Second Schedule There were drafting objections to his Amendment, but I undertook to consider the matter again and ascertain whether at a later stage an Amendment on the lines he suggested could be introduced.

We have done so. We have realised that there was substance in the hon. Gentleman's argument, and this Amendment and the next two Amendments seek to give effect to his proposal. The result will be that a certificate of disrepair is to be given on a refusal of a certificate of repair under the special procedure.

I am grateful to the Government for having the Amendment moved in another place. It makes the change in the Bill for which we asked in the first place, and we thank the Government very much for it.

Question put, and agreed to.

Further Lords Amendments agreed to: In line 31, at end insert:

2. Where the local authority have refused to grant, on the application of the landlord, a certificate under paragraph 1 of this Schedule they shall forthwith certify accordingly in the prescribed form and shall serve a copy of the certificate on the landlord and on the tenant of the dwelling-house; and the certificate shall come into force as from the date of such service on the landlord and shall have effect for the purposes of Part II of this Act as if it were a certificate granted by the local authority under subsection (1) of section eighteen of this Act.

In page 39, line 4, leave out from first to "to end of line 7 and insert:

"the granting of a certificate under paragraph 2 of this Schedule as it applies in relation to the granting of a certificate under subsection (1) of that section and, if the sheriff revokes a certificate granted under the said paragraph 2, the local authority shall forthwith grant a certificate under paragraph I of this Schedule."—[The Lord Advocate.]