HC Deb 26 May 1879 vol 246 cc1326-8

(Mr. Alexander Brown, Mr. Whitwell, Mr. Ryder.)

COMMITTEE. [Progress 7th April.]

Bill considered in Committee.

(In the Committee.)

Clauses 1 and 2 agreed to.

Clause 3 (Powers of local authority for supply of water).

MR. A. H. BROWN moved, in page 3, at end to add— Nothing in this section shall empower a local authority to obtain or supply water within the limits of a Water Company or of any local authority or person empowered by Act of Parliament, or any Provisional Order confirmed by Parliament to supply water, without the consent of such Water Company or local authority or person.

Amendment agreed to.

Clause, as amended, agreed to.

Remaining clauses agreed to.

MR. A. H. BROWN moved, in page 5, after Clause 4, to insert the following Clauses:—

(Supply of water by Water Company under guarantee of local authority.)

"Where the district or any portion of the district of a local authority is situate within the limits of supply of any Water Company empowered by Act of Parliament or any Order confirmed by Parliament to supply water, and the Company are under an obligation to supply water therein on the terms prescribed by section thirty-five of 'The Waterworks Clauses Act, 1847,' and it appears to the local authority that the district or portion as the case may be ought to be supplied with water, and the Company as to any part of that district or portion have not obtained from the owners or occupiers of houses in that part, an agreement to the effect specified in that section, the following provisions shall have effect:—

  1. "1. The local authority may, if they think fit, undertake in respect of that part to make good to the Company for successive years the amount, if any, by which the annual water rents from time to time received by the Company from that part fall short of a sum equal to ten per centum per annum on the cost of providing and laying down such pipes, and constructing such service reservoir, if any, as may be necessary for bringing water to and supplying that part;
  2. "2. The Company shall, within three months after the giving of such undertaking, provide and lay down such pipes and construct such reservoir, if any, and provide in manner required by 'The Waterworks Clauses Act, 1847,' such a supply of pure and wholesome water as may be necessary for the domestic use of all the inhabitants of that part;
  3. 1327
  4. "3. If the Company fail within those three months to provide and lay down such pipes, or to construct such reservoir, if any, or to provide such supply of water as aforesaid, the part in respect of which the undertaking-is given by the authority shall be excluded from the limits of supply of the Water Company;
  5. "4. Any undertaking given by a local authority under this section shall be binding on the authority and their successors, and any expenses or payments incurred or made by a local authority under this section shall be deemed to be expenses incurred by them in the execution of the provisions of 'The Public Health Act, 1875,' and shall be provided for accordingly;
  6. "5. This section shall apply to any local authority or person empowered to supply water within the district of another local authority or person as if the first-mentioned authority were a "Water Company."

He hoped that the House would allow these clauses to be inserted then, in order that they should be re-printed in the Bill. There would be plenty of time for the consideration of the matter at a later stage, when the Amendments would be incorporated into the print of the Bill. He was most anxious to do nothing which would injure the rights of Water Companies; but it would be a great convenience that the Bill as a whole should be re-printed, including these clauses.

SIR HENRY HOLLAND moved to report Progress. The negotiations which the hon. Member had had with reference to these matters had signally failed, and he objected to these clauses being inserted.

Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—(Sir Henry Holland.)


said, that, of course, if anyone objected to the insertion of the clause, he could not insist. He might, however, point out, that as the Public Health Act did not apply to the Metropolis, so this clause did not apply at all to the Metropolis. Still, as there was an objection to the Bill being re-printed in the amended form, he would agree to report Progress.

Motion agreed to.

House resumed.

Committee report Progress; to sit again upon Thursday 12th June.