HC Deb 01 November 1909 vol 12 cc1602-3

Lords Amendment: Leave out the Clause and insert Clause E.

E.—(Procedure of Local Government Board on applications.)

The procedure of the Local Government Board, upon an application in respect of any matter which they are authorised by this Part of this Act or by any scheme made thereunder to determine, shall be such as the Board may by rules determine, and on any such application the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on all parties.

Mr. BURNS

I move "That this House doth disagree with the Lords in the said Amendment." We wish to insert Clause 62, without the proviso.

Question, "That the House doth disagree with the Lords in the said Amendment," put, and agreed to.

Mr. BURNS moved the omission of the second paragraph—

"Provided that where the question to be determined is a question whether property is injuriously affected or increased in value, or as to the amount or manner of payment of the sum which is to be paid as compensation or which the responsible authority are entitled to recover from the person whose property is increased in value, the Local Government Board shall not determine the question otherwise than as arbitrators except with the consent of the parties interested."

Mr. LYTTELTON

Why should this be done? If the question is to be decided by arbitration, it seems unreasonable to omit the provision that the Local Government Board shall not decide it except as arbitrators.

Mr. BURNS

If the right hon. Gentleman will look at Clause 58 he will see that the subject matter which we wish to omit here is properly included there.

Lord ROBERT CECIL

What the President of the Local Government Board has told us is accurate, but it is very difficult to follow on the spur of the moment. The provision in Clause 58 appears to be confined to that particular Clause, but the provision we are dealing with here is quite general. If the right hon. Gentleman assures me that the things are the same I will accept his assurance.

Mr. BURNS

I can assure the Noble Lord on that point. This Sub-section is mere surplusage.

Amendment agreed to.