SPECIAL ACTS (EXTENSION OF TIME) BILL. (Hansard, 20 July 1915)

§ Sir F. BANBURY
Would the hon. Member tell me what is a Special Act? I presume that it is one of the emergency Acts passed during the past year?

§ The PARLIAMENTARY SECRETARY to the BOARD of TRADE (Mr. Pretyman)
Perhaps I might explain the object of the Bill. Special Acts are all the Acts embodied in Private Bill legislation generally. If my hon. Friend looks at the Bill he will see that clearly stated in the definition Clause. As to the object of the Bill, there are a large number of undertakers, local authorities, statutory companies and others, who take powers under Special Acts to construct works and acquire loans. The period within which the works are to be constructed or the loans finally repaid is limited by the Special Act, and when the undertakers desire an extension of the period they have to procure another Act. That is an expensive process, but one which is properly imposed upon them in ordinary times when it is their own fault if they have not completed the works or repaid the loan within the statutory period. Now on public grounds connected with the War it is obvious that it is nobody's fault that these works cannot be completed, or the land bought. The larger the powers the greater the restrictions imposed by the Treasury with the sanction of this House upon the issue of any new capital.

§ Sir F. BANBURY
Clause 2, to which my right hon. Friend has referred, says that the expression "Special Act" means a local or private Act. But it goes on to say "and includes any public Act of a local or private nature." Does not that rather extend it; if so, in what way?

§ Mr. PRETYMAN
In this way: that, there are certain Acts which are considered to be and are referred to here as affecting private Bill legislation. There is a public Act, for instance, which lays down that five years is to be the period imposed 1453 in private Bill legislation, but by reference only it states private Bill legislation. The Bill is very carefully drawn so as entirely to exclude any obligation imposed by this House in public and general Acts. That has been the object of the drafting. I propose to follow the suggestion of my hon. Friend and only ask for the Second Beading of this Bill now, and, with the assent of the House, to take the further stages at the first possible opportunity.

§ Mr. HOLT
There is one point to which I should like to draw the attention of the right hon. Gentleman. It is all very well to allow the postponement of time during which you are going to execute certain works. I see no harm in that. But if you are going to postpone the time during which the local or public authority is going to exercise an option of buying a man's property, you may inflict a very great hardship upon the person concerned. I hope that the Government Departments, when they have made up their minds that they are going to carry out the powers given to them by this Act, will not allow local authorities to remain in a state of doubt as to whether or not they will make use of the powers. It is one thing to postpone a piece of work and another thing for the public body to make up their minds whether or not they will execute their powers. It might inflict a very great hardship upon the people with regard to whom they are going to execute the powers. I would like to feel assured that the Government Departments will not allow people to keep options and rights in suspense hanging over the heads of those who are to be deprived of their property until the local authorities have declared their intention.

§ Mr. PRETYMAN
I quite appreciate the force of the remarks of my hon. Friend. I may say that any Clause as to compensation was purposely omitted from this Bill, because there is in similar legislation, or rather in the ordinary legislation, when an extension of time is granted, a compensation Clause. In this case there is no fault on the part of the undertakers at all. It is a national matter, and there is no compensation payable except by the nation. It was, therefore, not thought that under the circumstances any compensation should be paid by the nation in cases of this kind. The public Departments concerned propose to take exactly the course suggested by the hon. Member. There is introduced a limit to the extension which can be given at any one time. It is for twelve months and no more. I can under- 1454 take that this power, for which we are asking for the public Departments, will only be exercised in the public interest and with due regard to private interests, and that no extension of time will be given for the benefit of any particular undertaker but solely in the public interest.