HC Deb 04 June 1896 vol 41 cc443-4

(1.) Where an application for authorising a light railway under this Act is made to the Light Railway Commissioners, those Commissioners shall, in the first instance, satisfy themselves that all reasonable steps have been taken for consulting the local authorities, including road authorities, through whose areas the railway is intended to pass, and of the owners whose land it is proposed to take, and for giving public notice of the application, and shall also themselves by local inquiry or such other means as they think necessary possess themselves of all such information as they may consider material or useful for determining the expediency of granting the application.

(2.) The Commissioners shall before deciding on an application give full opportunity for any objections to the application to be laid before them, and shall consider all such objections, whether made formally or informally.

(3.) If after consideration the Commissioners think that the application should be granted, they shall settle any draft Order submitted to them by the applicants for authorising the railways and see that all such matters (including provisions for the safety of the public and particulars of the land proposed to be taken) are inserted therein, as they think necessary for the proper construction and working of the railway.

(4.) The Order of the Light Railway Commissioners shall be provisional only, and shall have no effect until confirmed by the Board of Trade in manner provided by this Act.

MR. C. B. RENSHAW (Renfrew, W.)

said he was anxious that any inquiry to be held should be a "public" inquiry.

Mr. RITCHIE

said that any inquiry held under an Act of Parliament was a public inquiry, and to insert the word "public" in this Bill would raise a doubt in other cases in which it was omitted.

MR. RENSHAW

said the inquiry appeared from the wording of the clause to be an alternative to such means as the Commission might think necessary. To make it clear that an inquiry must be held he moved to omit "or" and insert "and."

MR. RITCHIE

accepted the Amendment, which was agreed to.

MR. CALDWELL moved to add after the word "Act"— (5) Where an application for a light railway has been refused by the Light Railway Commissioners, the applicants, if the council of any county, borough, or district may appeal against such refusal to the Board of Trade, who may, at any time if they think fit, remit the application or any portion thereof to the said Commissioners for further consideration with or without special instructions.

Amendment agreed to.

Clause 9—