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New Clause D

Volume 890: debated on Monday 21 April 1975

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Continuation Of Right To Recover Excess Rent, Etc, Under Counter-Inflation Orders

Lords Amendment: No. 10, after Clause 9, in page 8, line 6, at end insert new Clause D:—

"D.—(1) Article 5 of the Counter-Inflation (Residential Rents—Private Sector) (Scotland) Order 1974 (recovery of excess rent) shall continue to have effect, for the purposes of that Order and of the Counter-Inflation (Residential Rents—Private Sector) (Scotland) No. 2 Order 1974, so as to enable a tenant to recover rent at any time when he is able to recover it in terms of that Article, whether or not Part II of the Counter-Inflation Act 1973 (under which the Orders were made) is in force.
(2) Article 8 of the Order first mentioned (jurisdiction of sheriff) shall continue to have effect, for the purpose of both of the said Orders, in respect of any proceedings commenced before the expiry of a period of two years commencing on 16th May 1975, whether or not Part II of the said Act of 1973 is in force.
(3) Section 38(2) of the Interpretation Act 1889 (effect of repeals) shall apply in relation to the said Orders, as continued in effect by virtue of this section, as it applies in relation to an enactment which is repealed by another Act."

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

The purpose of the new clause is to extend the right of a tenant to recover any rent in excess of that which the landlord was legally entitled to charge under counter-inflation orders of 1974 by providing that the matter can be extended for two years after the expiry of the orders on 15th May of this year.

The trouble about the two-year rule that was previously provided is that it runs out in March 1976 because the Counter-Inflation Act 1973 itself expires then. To get the two-year period under which a tenant can take an action of recovery if he is overcharged after 15th May this year it is necessary to have the new clause in the Bill, otherwise the period automatically falls with the expiry of the 1973 Act.

Question put and agreed to.

Subsequent Lords Amendments agreed to.