§ (2) Before executing any works under this Section the Board shall prepare a draft scheme stating—
- (a) the works proposed to be executed:
- (b) the area to be improved thereby;
- (c) the estimated cost of the execution of the works and the maximum amount to be recoverable by the Board in respect of the costs thereof;
- (d) the manner in which the expenses of executing and maintaining the works are to be apportioned amongst the lands comprised in the area;
§ (5) Any expenses incurred by the Board under this Section in the execution of drainage works to an amount not exceeding the amount declared by the scheme to be the maximum amount of expenses recoverable by them, or in maintaining any such works, shall be recoverable by the Board in a summary manner from the several owners of the lands to which the scheme relates according to the appointment in the scheme:
§ Provided that if any owner so requires in writing the sum payable by him shall be recoverable by the Board by means of a, rate to be made and levied by the Board in like manner, subject to the like provisions and with the like incidence, as are applicable in the case of a private improvement rate for private improvement expenses incurred by a local authority under the Public Health Act, 1875, with this qualification, that the Board shall, on the application of the owner or occupier of any land subject to the rate, determine the proportion of the rate to be borne by them respectively, having regard to the benefit derived from the works, the contract of tenancy, and all other circumstances of the case, but the local authority may on the application of the Board collect the rate and pay over the proceeds to the Board after deducting such reasonable costs of collection as may be agreed with the Board, or, in default of agreement, settled by the Local Government Board.
§
Lords Amendment: In Sub-section (2, c), after the word "works," insert the words,
which shall not exceed an amount equal to five pounds for each acre in the area to be improved, or five thousand pounds in all.
§ Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."
§ Mr. BOOTHI think we are entitled to have some explanation as to whether this is an Amendment of substance. This would appear to me to be a very important limit, and I should like the Government to justify it.
§ Sir R. WINFREYThe powers conferred by Clause 16 are only exercisable where the drainage improvements cannot be definitely dealt with by Part I. If the area is so small that the drainage authority cannot deal with it, then this Clause gives the Board of Agriculture power to deal with it. This is really a limiting Amendment and makes it impossible to deal with large areas.
§ Mr. WATTThis seems to me to be a most important Amendment, and I am surprised that the Parliamentary Secretary has advised the House to accept it, because it places a limit on the amount recoverable by the Board from landowners and it limits the amount of expenses which can be recovered from the owners of the land.
§ Sir R. WINFREYIt limits the estimated cost.
§ Mr. WATTSurely my hon. Friend, although he is much more familiar with the measure than I am, is mistaken. This Sub-section deals with the expenses incurred and the amount of expenses which shall be recoverable. The limitation applies to the expenses which are recoverable by the Board. That is important, because the Board of Agriculture will lose the balance which they will have expended. It was part of the idea at the back of this measure that any expenses incurred by the Board in draining the land of landowners should be recoverable, whereas in another place a limitation has been put limiting the amount which the Board will be able to recover from the landowners to £5 per acre or £5,000 in all. That is a serious Amendment to the measure, and I am surprised that my hon. Friend has recommended the House to accept it.