HC Deb 28 July 1897 vol 51 cc1317-9

If any occupied house within the district of any local authority other than the local authority of a burgh is without a proper supply of wholesome water at or reasonably near the same, the local authority shall require the owner to obtain such supply and to do all such works as may be necessary for that purpose, and failing his doing so, within twelve months after due notice, the local authority may themselves obtain such supply, and for that purpose may use their powers of acquiring land by agreement or otherwise under this Act; and may enter upon the premises and execute all such works as may appear to them necessary, in the same manner as if an order of a sheriff, magistrate, or justice had been made for the removal of a nuisance on the premises and that order had not been complied with; and the local authority may recover in a summary manner from the owner the whole or a reasonable part of the expenses incurred by them under this section: Provided that where the owners of two or more houses have failed to comply with the requirements of the notice served on them under this section, and the local authority might, under this Act, execute the necessary works for providing a water supply for each house, the local authority may, if it appears to them desirable and no greater expense would be occasioned thereby, execute works for the joint supply of water to those houses, and apportion the expenses as they deem just, and further provided that if any question shall arise under this section it shall be determined summarily by the sheriff, who shall have regard to all the circumstances of the case, and whose decision shall be final.

Amendment made: After "may," insert "for the purpose of obtaining such supply."—(Lord Advocate.)

*THE LORD ADVOCATE

moved to leave out the words— and execute all such works as may appear to them necessary, in the same manner as if an order of a sheriff, magistrate, or justice had been made for the removal of a nuisance on the premises and that order had not been complied with.

MR. R. WALLACE (Edinburgh, E.)

said that in his opinion the Amendment would render the clause worthless.

*THE LORD ADVOCATE

said that his Amendment simply took away the too drastic power which the clause originally gave to the local authorities to enter premises, and to execute works, and to provide a water supply without an appeal to the Sheriff. The Amendment had been suggested by a gentleman of considerable experience, who hail pointed out that the clause, as it stood, would tempt local authorities sometimes to avoid their duty to arrange for a general water supply, by insisting upon individuals providing it for their own premises at their own expense. His Amendment must be read along with the following proviso, which he intended to move— Provided that nothing in this section shall relieve the local authority from the duty of providing their district or any part thereof with a supply of water, where a general scheme for such supply is required, and can be carried out at a reasonable cost.

MR. R. WALLACE (Edinburgh, E.)

said that he could not see what beneficial effect that Amendment would have.

MR. CALDWELL

said he thought that the Amendment was objectionable. He suggested that the words should be left in, and if it were necessary alteration could be effected in another place.

*THE LORD ADVOCATE

assented.

Amendment, by leave, withdrawn.

Amendment made: At the end of the clause add,— Provided that nothing in this section shall relieve the local authority from the duty of providing their district or any part thereof with a supply of water, where a general scheme for such supply is required, and can be carried out at a reasonable cost."—(Lord Advocate.)

Clause 126,—