HC Deb 04 August 1925 vol 187 cc1320-1

Lords Amendment:

In page 2, line 11, at the end, insert as new Sub-sections: ("(5) If damage is caused to the property of any person by anything done in exercise of the powers conferred by this section, that person shall, unless the damage was caused or contributed to by his negligence, be entitled to recover compensation therefor from the Minister, county council or other highway authority by whom the powers were exercised. (6) For the purposes of section seven of the Telegraph Act, 1878, any work done in exercise of the powers conferred by this section shall be deemed to be work done in the execution of an undertaking authorised by an Act of Parliament, and any county council or highway authority carrying out the work shall be deemed to be the undertakers.")


I have to point out to the House that this Amendment might put some expense on the local authorities, and therefore is in the nature of a privileged Amendment. If the House be pleased to waive its privilege, I shall call upon the Minister of Transport to move.

The MINISTER of TRANSPORT (Colonel Ashley)

I beg to move, "That this House doth agree with the Lords in the said Amendment."

I hope the House will waive its privilege in regard to this Amendment which is proposed in order to protect statutory undertakings, such as gas, water, and electricity undertakings, and which has been accepted by them and by the Ministry as a proper Amendment. If under Clause 1 any damage is done to these statutory undertakings, which is admissible, it is here provided that they should receive proper compensation. The second proposed new sub-section is for the protection of the Postmaster-General so that where telegraph poles are moved for the purposes of the Clause, the statutory authority shall pay compensation for the expenses incurred. Question put, and agreed to.

Subsequent Lords Amendments down to page 6, line 21, agreed to.

Lords Amendment:

In page 6, line 21, after Clause 4, insert new Clause A.