§ (1) A district electricity board or any authorised undertakers may place any electric line below ground across any land, and above ground across any land other than land laid out as building land or land so situate or used for such purpose that the placing of lines above ground would affect the amenity thereof or of any building or structure thereon in cases where the placing of such lines above ground is otherwise lawful, and where any line has been so placed across any land the board or undertakers may enter on the land for the purpose of repairing or altering the line:
§ Provided that before placing any such line across any land the board or undertakers shall serve on the owner and occupier of the land notice of their intention, together with a description of the nature and position of the lines proposed to be so placed; and if, within twenty-one days after the service of the notice, the owner and occupier fail to give their consent or attach to their consent any terms or conditions or stipulations to which the board or the undertakers object, it shall not be lawful to place the line across that land without the consent of the Board of Trade; and the Board of Trade may, if after giving all parties concerned an opportunity of being heard they think it just, give their consent either unconditionally or subject to such terms, conditions, and stipulations as they think just.
§ (2) The power of placing lines across land conferred by this Section shall include the power of placing a line across or along any railway, canal, inland navigation, dock or h[...]rbour, subject to the rights of the owners thereof and to the following conditions:
§ (c) In respect of any electric lines paced or proposed to be placed over or upon or under any line of railway along its course, the following condition shall apply:
- (i) Failing agreement between the district electricity board or authorised undertakers proposing to place such electric lines and the railway company, the railway company may apply to the Railway and Canal Commission, and that Commission may, after an inquiry in the manner provided by Section two, Sub-section (5), of the Telegraph Act, 1892, make an Order for the placing of the electric lines, subject to such pecuniary terms as the Commission think just, or refusing to allow such lines to be placed;
- (ii) The district electricity board or authorised undertaker shall. upon receiving notice in writing from the railway company, remove or alter within a reasonable time, and to the reasonable satisfaction of
1725 the railway company, any such electric lines which shall interfere with the existing or any proposed works of the railway company or the traffic thereon: Provided that if within twenty-one days after receipt of such notice the district electricity board or authorised undertakers object to the removal or alteration required by such notice, a difference shall be deemed to have arisen, which shall be referred to and determined by the Railway and Canal Commission;
§ (d) In respect of any electric lines placed or proposed to be placed over or upon or under any canal or inland navigation along its course, the following conditions shall apply:
- (i) The provisions; of paragraph (c) (i) and (c) (ii) of this Sub-section shall apply as in the case of railways;
- (ii) Save as herein provided, sections fifteen, sixteen, and seventy-seven of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall, without prejudice to any protection given to the canal owners by the Electric Lighting Acts and this Act, apply as though the said electric lines were placed in accordance with powers contained in a special Order as defined in the Electric Lighting (Clauses) Act, 1899:
§ (f) In respect of any electric lines placed or proposed to be placed across any dock or harbour, whether by being carried above ground or below ground. Sections fifteen, sixteen, and seventeen of the Schedule to the Electric Lighting (Clauses) Act, 1899, shall apply as though the said electric lines were placed in accordance with powers contained in a special Order as defined in the said Act, and as if the expressions "canal" and "owners of a canal" therein included a dock or harbour and the authority owning or managing the same.
§ (3) For the purposes of this Section any company or body or person entitled by virtue of any Act of Parliament to receive tolls or dues in respect of the navigation on or use of any canal or inland navigation shall be deemed to be occupiers of such canal or inland navigation.
§ Amendment made: In Sub-section (1) leave out the words "laid out as building land or land so situate or used for such purpose that the placing of lines above ground would effect the amenity thereof or of any building or structure thereon," and insert instead thereof the, words "covered by buildings or used as a garden or pleasure ground."— [Mr. Shortt.]
§ Sir C. COBBI beg to move, in Subsection (1), after the word "that" ["provided that before placing any such line"] to insert the words
in the exercise of the powers under this Section the board or undertakings shall make full compensation to all bodies and persons interested for all damage sustained by them by reason or in consequence of the exercise of such powers, and that.1726 I move this Amendment in order to obtain some information from the Home Secretary as to the exact meaning of this Clause. I want to know whether, in the event of a district electricity board or the authorised undertakers coming to au arrangement with the owner of any land, through whose land the district electricity board wishes to put this line, it is possible for the owner of the land and the district electricity board to agree together as to what compensation should be given, to the owner of the land; or whether it is necessary for them, in every case, to go to the Board of Trade to find out what that compensation ought to be, and in order to have defined what are the terms, conditions, or stipulations which are necessary in order to make things straight as between the owner of the land and the district electricity board. I also want to know whether the words "terms or conditions or stipulations" would include, as I suppose they would, what is generally known as compensation. I should like the right hon. Gentleman to tell me whether, in the event of an arrangement having been made, either with or without the Board of Trade's consent, as to what the compensation is to be, supposing the district electricity board six months afterwards wanted to make some alteration to what had been done, on the owner's land, it would be necessary again for the owner and the district electricity board to go to the Board of Trade to find out what that further compensation should be, or whether it would be possible for the parties to arrange that between themselves.
§ Major GRAYI beg to second the Amendment. May I express the hope that Members of the House who had the privilege of serving on the Committee upstairs will be a little indulgent to those who did not have that privilege, as it is extremely difficult to follow a technical Bill of this; character and even more difficult to ascertain from its terms what are the intentions of the Government with regard to this Bill. I entirely agree with my hon. Friend who moved the Amendment that it is necessary we should have this doubt completely removed. It is a doubt felt, not merely by ourselves but one expressed and strongly felt by the expert advisers of the London County Council, who fear that under the Clause as drafted compensation may not be payable to road authorities in the London area who may have their roads disturbed not once but 1727 frequently by the electricity undertakers. One of our greatest difficulties in London is that our streets are constantly being destroyed, or the surface being impaired by first one company and then another taking up a portion of a street for the purposes of alterations or repairs. We are anxious to know whether in the event of a line being carried along a London street—it applies equally outside London, but it occurs frequently in this great city —the electricity supply people can by private arrangement come to an agreement as to the compensation without going to the Board of Trade? That is the first question. The second is this. I have still greater doubt whether in the event of it being necessary to undertake alterations or repairs then also compensation will be payable for disturbance. Probably the electrical company would not be in a position to make good the damage, but it ought to be compelled to meet the cost of enabling the proper authority to make good the damage. In order that we may get this thoroughly cleared up I am anxious to support the Amendment.
§ Mr. SHORTTOf course, the provision is that lines can be laid by consent, and terms can be, of course, arranged by consent, and the provision with regard to the Board of Trade deciding can only come in where the consent has not been given or where the terms which were asked by the owners of the land have not been accepted. Equally in that case there would be compensation paid for any damage which was done. The terms, of course, include the payment of compensation, and I have an Amendment a little lower down dealing with that. As far as possible it is intended that compensation should be paid and that as little damage should be done as possible. That is to say, the Board of Trade would have regard to the destruction of amenities which might not in themselves have very great value, but whoso destruction might be a very great hardship. Equally, where the value is seriously injured regard will be had to that. But, at the same time, of course, they would have to consider the necessities of the public, and, if they have to put anyone to hardship or loss, to make it good to them as far as money can do so. That is the intention, and I think the Clause will carry it out if the Amendment In my name is carried. I would ask my hon. Friends to withdraw their Amendment in place of the one which stands in my name.
§ Major GRAYThe right hon. Gentleman has not answered my question whether compensation would be payable in the event of damage being occasioned by entering in to alter and repair. The power is given to enter in to alter and repair in the earlier portion of the Clause before any reference is made to settling conditions and terms. It is as though a full and free hand were given to enter in and alter and repair without terms and conditions. Will compensation be payable in such a case?
§ Mr. SHORTTYou could not have a provision for payment every time a servant entered to repair the lines, but where the right to enter involves this keeping of an open space which might otherwise be built on, or anything of that kind, that will all be provided for in the terms, because than would affect the value of the land. The usual course in cases of this kind is to ascertain whether the right to go upon a man's land to repair lines causes any damage to the property. If it does, it would be compensated for. If it does not, it would not. I am afraid I cannot carry the matter any further.
§ Amendment, by leave, withdrawn.
§
Amendment made: At end of Subsection (1), insert the words
and in deciding whether to give or withhold their consent, or to impose any terms, conditions, or stipulations (including the carrying of any portion of the line Underground) the Board shall, among other considerations, have regard to the effect, if any, on the amenities or value of the land of the placing of the line in the manner proposed."—[Mr. Shortt.]
§ Mr. SHORTTI beg to move, in Subsection (2, c), after the word "course" ["under any line of railway along its course"], to insert the words "the provisions contained in the proviso to Subsection (1) of this Section shall not apply arid in lieu thereof."
The reason for this is that the proposals with regard to lines placed upon railways are dealt with differently from lines placed elsewhere, and these words are necessary in order to make that clear.
§ Amendment agreed to.
§ Mr. SHORTTI beg to move, in Sub section (2, c, i,)to leave out the words "the railway company may apply" and to insert instead thereof the words
the district electricity board or authorised undertakers may apply to the Board of Trade who may decide either that the line shall not be so laid or may refer the question.1729 The object of that is that, in the case of railways, the people who desire to lay the lines should go to the Board of Trade, and the Board of Trade would have power to refuse, but if the Board of Trade thought it was a proper case to give their consent, instead of consenting themselves they would then refer the matter to the tribunal which has been chosen.
§ Amendment agreed to.
§ Mr. SHORTTI beg to move, in Sub section (2, c, i), to leave out the words "in the manner provided by Section 2, Subsection (5), of the Telegraph Act, 1892."
That Act has been repealed, and I propose in a, later Amendment to reinstate the words in the repealed Act.
§ Amendment agreed to.
§
Further Amendments made: At the end of Sub-section (2, c, i) insert the words
and any such inquiry may be held by any one or more of the members of the Commission or by an officer appointed by the Commission for the purpose, and Parts I. and IV. of the Railway and Canal Traffic Act, 1888 (except the Sections relating to appeals), shall apply as far as applicable to any such inquiry, and any officer appointed to hold the inquiry shall have power to administer an oath."—[Mr. Shortt.]
§ In Sub-section (2, d, ii), after the word "sixteen" ["Sections fifteen, sixteen, and seventy-seven"], insert the word "nineteen."—[Sir F. Hall.]
§ At the end of Sub-section (2, d, ii) insert the words "and as if the expression 'canal' therein included inland navigation."—[Mr. Shortt]
§ In Sub-section (2, f) leave out the words "dock or harbour" ["placed across any dock or harbour"], and insert instead thereof the words "lands or works forming part of any dock or harbour undertaking regulated by Acts of Parliament."
§ Leave out the words. "and seventeen" ["Sections fifteen, sixteen, and seventeen"], and insert the words "seventeen, nineteen, and twenty-seven."
§
After the word "if" ["and as if the expressions"] insert the words
in the said Sections fifteen, sixteen, and seventy-seven, the expression 'street' included any such lands or works, and 'the persons liable to repair a street' included the authority owning or managing the undertaking, and in the said Section nineteen.
§ Leave out the word "therein" ["the expressions 'canal' and 'owners of a canal' therein"].—[Sir F. Hall.]
1730§ In Sub-section (3), leave out the words "or inland navigation" ["any canal or inland navigation"], and insert instead thereof the words "inland navigation, dock or harbour."
§ Leave out the words "or inland navigation" ["such canal or inland navigation"], and insert instead thereof the words "inland navigation, dock or harbour."—[Mr. Shortt.]