HL Deb 07 March 1940 vol 115 cc795-7

Provisions as to certain drainage schemes.

2. The Board shall give to the owners of the land comprised in the area of the scheme notice of the making of the draft of the scheme, of the place where it can be inspected and of the time (which shall not be less than twenty-one days from the date of the notice) within which objections thereto may be made to the Board.

3. After considering any objections duly made to the draft of a scheme and making any modifications therein which they think expedient having regard to any such objection, the Board may submit the scheme to the Minister for his approval.

LORD DENHAM moved, in paragraph 2, after "owners," to insert "and occupiers." The noble Lord said: The Fifth Schedule here deals with schemes under Clause 14. This Amendment and the next are put on the Paper because of objections which were raised in another place on the one hand, and on the other because of suggestions made by the noble Lord, Lord Hastings, in the Second Reading debate in your Lordships' House. Paragraph 2 requires the Board to give notice to owners of the land comprised in the area of the scheme, and this Amendment provides that, in addition to a notice to the owners, a notice shall also be given to the occupiers.

Amendment moved— Page 30, line 24, after ("owners") insert ("and occupiers").—(Lord Denham.)

On Question, Amendment agreed to.

LORD DENHAM moved, after paragraph 3, to insert: 4. After considering any such objections which have not been withdrawn and making any modifications in the scheme as submitted to him which he thinks expedient having regard to any such objection, the Minister may approve the scheme. 5. No land shall be included in the area of the scheme as approved by the Minister which was not included in the area of the scheme of which notice was given under paragraph 2 of this Schedule. The noble Lord said: My noble friend Lord Hastings suggested on the Second Reading debate—and there were also criticisms in another place which said much the same thing—that it is only reasonable that persons who might object to a scheme put forward by the Board under Clause 14 should have the right of having their objections heard by the Minister. On looking into the matter more closely I have come to the conclusion that on the whole this is a very reasonable suggestion, and accordingly I have put down this Amendment in order that the Minister shall be able to consider objections and to make such modifications as he thinks expedient. The second part of the Amendment makes good an undoubted omission from the Bill, and is also a safeguard. The new paragraph 5 is a safeguard in that, where a modification is made by the Minister, he cannot add land to the area of the scheme which was not included in the area of the scheme of which notice was given by the catchment board. This seems to be a proper protection which should be inserted in the Bill, and it improves the wording of the Fifth Schedule. I beg to move.

Amendment moved— Page 30, line 33, at end insert the said paragraphs.—(Lord Denham.)

On Question, Amendment agreed to.

Fifth Schedule, as amended, agreed to.