§ An Order under this Act may contain provisions consistent with this Act for—
- (a) the incorporation, subject to such exceptions and variations as may be mentioned in the Order, of all or any of the provisions of the Clauses Acts as denned by this Act; and
- (b) the application, if and so far as may be considered necessary, of any of the enactments mentioned in the Second Schedule to this Act (being enactments imposing obligations on railway companies with respect to the safety of the public and other matters); and
- (c) giving the necessary powers for constructing and working the railway, including power to make agreements with railway and other companies for the purpose; and
- (d) giving any railway company any power required for carrying the Order into effect; and
- (e) the constitution as a body corporate of a company for the purpose of carrying out the objects of the Order; and
- (f) the representation on the managing body of the railway of any council who advance, or agree to advance, any money for the purpose of the railway; and
- (g) authorising a council to advance or borrow money for the purposes of the railway, and limiting the amount to be so advanced or borrowed, and regulating the terms on which any money is to be so advanced or borrowed; and
- (h) the manner in which the profits are to be divided, where an advance is made by a council to a light railway company as part of the share capital of the company; and
- (i) the proper audit of the accounts of the managing body of the railway where the managing body is not a local authority; and
- (j) fixing the maximum rates and charges for traffic; and
- (k) in the case of a new company, requiring the company to make a deposit, and providing for the application of the deposit; and
- (l) empowering any local authority to acquire the railway; and
- (m) any other matters, whether similar to the above or not, which may be considered ancillary to the objects of the Order or expedient for carrying those objects into effect
§
MR. RITCHIE moved, in Sub-section (a), after the word "Act," to insert the following:—
provided that there shall be no variations of the provisions of the Lands Clauses Acts except such as appear to the Board of Trade to be required by the special circumstances of the case, and where any such variation is made the Board of Trade shall make a special report to Parliament on the subject;
§ THE ATTORNEY GENERALsaid he thought the concluding words of the Amendment were a wise safeguard. The reason for inserting the Amendment also justified the concluding words. Power was taken to incorporate the Lands Clauses Acts with various modifications. It was obvious the different undertakings would require various slight modifications. The scheme of the Bill was to take away jurisdiction from Parliament and to confer it on the Light Railway Commissioners; but no Department or Commission ought to have power to vary the general law. Therefore it was desirable that there should be some safeguard or check in order that Parliament, that the general law, was not contravened as it had been sometimes in private Bill legislation. There was an analogous provision in the Electric Lighting Act.
§ * MR. CHANNINGsaid he was not quite satisfied that the matter was so simple as was explained. On the face of it, it looked as if the Board of Trade was being deprived of the power to relax the procedure under the Lands Clauses Act. He should like to ask in what form a special Report was to be made, and what would 465 be the value of it. What they really wished to do was not to make the cost of land greater by diminishing the power of the Board of Trade to cut out what was really unnecessary and undesirable in the procedure of the Lands Clauses Act. This Amendment wore a suspicious aspect when coupled with another on the Paper, and he feared the effect of them was to compel the Board of Trade to give up powers which he supposed they intended to use, and to make the whole machinery of the Lands Clauses Act compulsorily operate in the interests of the landlords.
§ MR. RITCHIEsaid if he thought the Amendment would have anything approaching to that effect he would not move it. It would not in the slightest degree hamper the Board of Trade in the exercise of their powers. An hon. Member behind him objected, by an Amendment on the Paper, to the Board of Trade having the powers to vary the Lands Clauses Act at all; but it was quite impossible for him to accept the Amendment.
§ * SIR ALBERT ROLLITsaid he shared with the feeling that it was absolutely essential the proceedings should not be cumbersome, and this proviso would not encumber them. The Bill incorporated the Lands Clauses Act with such exceptions and variations as might be deemed to be necessary, and the proviso did not touch the exceptions at all. When the variations involved what was really legislation, then there would have to be a special Report to say what had really taken place.
§ DR. CLARKsaid the Amendment had to be taken in connection with that to Clause 13 to enable 10 per cent. compensation to be given for compulsory purchase. Under this clause power was given to the Board of Trade to make a variation temporarily for a temporary purpose, and there was no power to correct any mistake made by the Board of Trade.
§ MR. LLOYD-GEORGEsaid the Amendment was capable of a mischievous interpretation. To the latter part of it there was no objection; it was desirable there should be a Report to Parliament; but the other part of the Amendment was really mischievous. If it did not limit the powers of the Board of Trade, why should it be introduced at all?
§ MR. RITCHIEreplied that it was said the words of the clause would enable the Board of Trade to vary the general law applicable to all cases. They wanted to make it quite clear that each Order was to be taken by itself, and any variation would apply only to the Order in which it was made.
§ MR. LLOYD-GEORGEsaid the words of the sub-section did not say that. The Bill as it stood gave the Board of Trade the power the right hon. Gentleman asked for, "the Corporation, subject to such exceptions and variation as may be mentioned in the Order."
§ MR. RITCHIEsaid the word "variation" was qualified by the word "exceptions."
§ MR. LLOYD-GEORGEsaid that was exactly what he thought mischievous, because the whole Bill applied to special and exceptional circumstances. The right hon. Gentleman might not always have the interpretation of this Measure; and the Amendment was capable of an interpretation which would render it impossible to introduce any variations at all.
§
MR. LLOYD-GEORGE moved an Amendment to the proposed Amendment, so as to make it read:—
provided, where any such variation is made, the Board of Trade shall make a special Report to Parliament on the subject;
§ MR. BROADHURST, as a member of the Grand Committee, said that no discussion took place there which would lead hon. Members to expect such an Amendment being submitted like that of the Government. His fear was that the Amendment would tend to make the proceedings under the Bill more costly.
§ * MR. CHARLES HARRISON (Plymouth)supported the Amendment of his hon. Friend.
§ MR. RITCHIEproposed that the Amendment should read as follows:—
provided that there shall be no variations of the provisions of the Lands Clauses Acts, except such as appear to the Board of Trade to be required by the special circumstances of the case, and where any such variation is made the Board of Trade shall make a special Report to Parliament on the subject;
§ MR. LLOYD-GEORGEsaid he was ready to accept this Amendment.
§ Question proposed, "That the words proposed to be left out stand part of the proposed Amendment."
§ Amendment to the proposed Amendment, and proposed Amendment, by leave, withdrawn.
§ Amendment proposed by Mr. Ritchie agreed to.
§ On the return of Mr. SPEAKER, after the usual interval,
§
MR. CHANNING moved, in Sub-section, (c), after the word "purpose," to insert the words:—
and where a light railway forms a junction with an existing railway any right to any necessary facilities for transhipment and through traffic, and to adjustment of the cost of services and of the rates and charges received therefrom;
He said that in the Memorandum to the Report of the Committee which sat the year before last, he drew attention to this question, and urged that any independent company forming a light railway should have facilities for these through charges.
§ MR. RITCHIEassured the hon. Gentleman that the general railway law would apply to light railways; and as therefore all that he desired could be provided for under the Bill, his Amend-was unnecessary.
§ Amendment, by leave, withdrawn.
§
MR. HERBERT LEWIS moved to insert after "effect," in Sub-section (d), the words:—
provided that such power shall not be granted unless it is made subject to entire or partial revocation by the Board of Trade;
He apprehended that an Order once made by the Board would not be revocable. Railway companies were armed at all points; they were well able to take care of their own interests; they asked for more than they were entitled to, and took all that they could get. Under those circumstances it was only right and proper that an Order should be made subject to revocation as circumstances might subsequently appear to warrant.
§ MR. RITCHIEasked did the hon. Gentleman really think that there ought to be in the hands of the Board of Trade power to revoke an Order they had made, and thus render the whole thing null and void? He could not accept such an Amendment.
§ MR. CALDWELLhoped the right hon. Gentleman would excuse him for giving a much Letter reason for not accepting the Amendment.
§ MR. RITCHIE"Hear, hear!"
§ MR. CALDWELLsaid that under Section 22 an Order could be altered or added to by the Board of Trade on the application of any person. That provision rendered the Amendment unnecessary.
§ MR. RITCHIEI am much obliged to the hon. Gentleman for pointing that out. [Laughter].
§ MR. HERBERT LEWISMy hon. Friend has destroyed my Amendment, but he has also destroyed the objection of the right hon. Gentleman. [Laughter].
§ MR. RITCHIE"Hear, hear!"
§ Amendment, by leave, withdrawn.
§ DR. CLARK moved to insert at the end of Sub-section (j) the words "the time within which the railway must be constructed."
§ Amendment agreed to.
§ SIR ALBERT ROLLIT moved to insert in Sub-section (k) after "providing for the," the words "time of making and the."
§ Amendment agreed to.
§ Clause 12—