HC Deb 04 June 1896 vol 41 cc444-6

(1.) The Board of Trade shall consider any Order submitted to them under this Act for confirmation with special reference to—

  1. (a) the expediency of requiring the proposals to be submitted to Parliament; and
  2. (b) the safety of the public; and
  3. (c) any objections lodged with them in accordance with this Act.

(2.) The Light Railway Commissioners shall, so far as they are able, give to the Board of Trade any information or assistance which may be required for the purpose of considering any Order submitted to them or any objection thereto.

(3.) If the Board of Trade on such consideration are of opinion that by reason of the magnitude of the proposed undertaking, or of the effect thereof on the undertaking of any railway company existing at the time, or for any other special reason relating to the undertaking, the proposals of the promoters ought to be submitted to Parliament, they shall not confirm the Order.

(4.) The Board of Trade shall modify the provisions of the Order for insuring the safety of the public in such manner as they consider requisite or expedient.

(5.) If any objection to the Order is lodged with the Board of Trade and not withdrawn, the Board of Trade shall consider the objection, and if after consideration they decide that the objection should be upheld, the Board shall not confirm the Order, or shall modify the Order so as to remove the objection.

(6.) The Board of Trade may at any time, if they think fit, remit the Order to the Light Railway Commissioners for farther consideration.

MR. RITCHIE moved to insert in Sub-section (5) after the word "objection," the words "and give those by whom it is made an opportunity of being heard."

Amendment agreed to.

MR. CALDWELL

said that the Board of Trade might find it necessary occasionally to remit a portion of Order only back to the Light Railway Commission. But under the clause as it stood they would be bound to send back the whole of the Order. He, therefore, moved to insert in line 23 after "order," the words "or any portion thereof."

MR. RITCHIE

said the Order stood as a whole, and must be omitted as a whole; but the Board of Trade could direct the attention of the Commissioners to the part of it to which they objected.

Amendment, by leave, withdrawn.

MR. CALDWELL

said that under the clause a local inquiry was held by the Light Railway Commissioners, and the matter was sent to the Board of Trade for confirmation. The Board might think it advisable in certain circumstances to hold an independent local inquiry themselves; but they did not have power to do so, and in order to give the Board that power, he moved to add after "consideration," in line 28, the words, "or may themselves hold or institute a local inquiry and hear all parties interested."

MR. RITCHIE

did not think the proposed words were necessary. There could be no doubt that the Board had already power to hold an inquiry.

MR. GIBSON BOWLES (Lynn Regis)

protested against the doctrine that things might be inferred into an Act of Parliament. If they wanted the Board of Trade to have this power of inquiry, let them be given that power expressly under the Act, instead of leaving in a matter of inference.

MR. RITCHIE

I do not object.

Amendment agreed to.

Clause 10,—