HC Deb 22 December 1925 vol 189 cc2253-5

Order read for consideration of Lords Amendments.

Motion made, and Question, "That the Lords Amendments be now considered," put, and agreed to.—[Mr. R. McNeill.]

Lords Amendments considered accordingly.

CLAUSE 8.—(Certain powers of the corporation vested in the Commissioners.)

Lords Amendment: In page 5, line 6, leave out the word "October" and insert the word "January."


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

I would explain that this Amendment and three subsequent Amendments have been made necessary owing to the delay in the. Bill passing the House of Lords. It was hoped that the Bill might have passed through Parliament before the Adjournment for the Summer Recess, but that not having been possible, it has been necessary to postpone the operative dates, that is to say, to change October to January. We hope that the Bill will come into force in January, and that will throw forward January to April as the date when the new Commissioners for the management of this port shall come into office and shall begin to administer the port and levy the necessary rates and duties.

Subsequent Lords Amendments, down to page 6, line 43, agreed to.

CLAUSE 43.— (Level crossings.)

Lords Amendment: In page 21, line 6, after Subsection (2), insert a new Subsection: (3) Notwithstanding anything in the fore-going provisions of this Section, the County Council may, at any time, give to the Secretary of State notice in writing of their intention to erect a bridge to carry the said main road over any one of the level crossings aforesaid. The Secretary of State may, within three months after receipt of the notice, give to the county council a written notice requiring that the intended bridge shall ho built on a site other than the site of the level crossing which the bridge is intended to replace, but if the Secretary of State fails within the said three months to give the notice, he shall be deemed to have consented to the construction of the bridge on the site of the existing level crossing. The county council shall construct the bridge on the site of the crossing or on the site required by the Secretary of State to be substituted therefor, and, on such bridge being completed, the level crossing for which it is substituted shall forthwith be taken up by the Secretary of State and the site thereof shall be put into proper condition to the satisfaction of the county council.


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

I would like to explain this Amendment and that which follows, each of which refers to a new sub-section put in in another place. Negotiations took place with the Kent County Council with reference to the way in which certain level crossings were to be dealt with. It was necessary, of course, to safeguard the rights of the administration of the county council with regard to these level crossings. The provisions are that the county council, as they may think necessary, shall construct bridges to carry the roads over existing level crossings so as to get rid of the objectionable feature of a crossing at the road level. The first Amendment is merely to give power, in the event of a bridge being made, to shift the position of the existing level crossing in case it may be found convenient to make a bridge not in exactly the spot of the present crossing. There can be no objection to the Amendment.

Lords Amendment: In page 21, line 17, leave out Sub-section (4), and insert a new Sub-section: (1) Not with standing anything in the foregoing provisions of this Section, if at any time the county council give to any purchaser from the Secretary of State the notice referred to in Sub-section (3) of this Section the following provisions shall have effect,

  1. (i) The said purchaser shall convey free of cost to the county council so much of the land formerly the property of the Secretary of State abutting on cither side of the said main road as shall be reasonably necessary for the construction thereon of embankments of such width as will, with the present width of the road, be sufficient to carry a road 35 feet wide between the fences thereof, and with -a gradient of not more than one foot in 30 feet, and any question as to the amount of land necessary under this paragraph shall in default of agreement be referred to the arbitration of an 2255 engineer appointed by the Minister, and the award of that engineer shall be final and conclusive;
  2. (ii) The said purchaser shall on the completion of such bridge and the approaches thereto pay to the county council towards the cost of the construction thereof the sum of five thousand pounds.


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

This Amendment is on the same lines as that which I have just explained. It is merely to enable the county council to make the bridges over these crossings and to require the Government or any purchaser from the Government to convey the necessary land and embankment, and in the case of any purchaser to make a subscription of £5,000 towards the cost of each bridge that may be made, so that the whole expense of it shall not fall upon the county council. That has been arranged after considerable negotiations with the county council, who were rather dissatisfied with the original Bill. They have been met in that respect, and they withdrew their provisional opposition in the House of Lords. Complete agreement was arrived at and this new Sub section inserted in the Bill.


Considered in Committee, and reported, without Amendment; read the Third time, and passed, without Amendment.


A Royal Commission has been appointed for six o'clock. I propose, unless a Message came from the other House at an earlier time, to leave the Chair until that hour. In any event, I will cause the bells to be rung five minutes before I resume the. Chair.

Sitting suspended at Five Minutes before Three of the Clock.

Mr. SPEAKER resumed the Chair at Twenty-five Minutes before Four o'Clock.