HC Deb 18 June 1925 vol 185 cc900-2

(1) If, in the exercise of any of the powers of this Act, any damage is done to any main pipe, cable, wire, or apparatus (in this Section referred to as "apparatus ") of any local authority, company, body, or person authorised by any special Act, or any Order confirmed by or having the effect of an Act, to lay or place any apparatus in or under any street (in this Section referred to as "statutory undertakers") the party exercising such powers shall make good all such damage, and shall make full compensation to the statutory undertakers for any loss, damage, costs, or expenses which they may sustain by reason of any interference with such apparatus, or the access thereto, or with the private service pipes or electric lines of any person supplied by such statutory undertakers with water, gas, or electricity sustained in consequence of such injury by the owner of the injured apparatus.

(2) If, in connection with or in consequence of any experiment or trial conducted or proposed to be conducted under Section three of this Act, it should appear to any statutory undertakers that the conducting of such experiment or trial has endangered or would endanger any apparatus of such undertakers or interfere with the access thereto or impede the supply of water, gas, or electricity, such undertakers may give notice to the party conducting or proposing to conduct the experiment or trial (in this Section referred to as "the operators") to alter the position of such apparatus in such manner as may be considered necessary, and any difference as to the necessity of any such alteration or the manner of carrying out the alteration shall be settled by arbitration under this Section, and all alterations to he made under this Section shall be made by and at the expense of the operators with as little detriment and inconvenience to the statutory undertakers to whom such apparatus belongs or to the inhabitants of the district as the circumstances will admit and under the superintendence of the engineer of such undertakers if he thinks fit to attend after receiving not less than three days' notice for that purpose, which notice the operators are hereby required to give.

(3) Not lees than fourteen days before commencing any alteration of the position of any apparatus the operators shall give to the statutory undertakers to whom such apparatus belongs notice in writing of their intention to commence such alteration, and if within fourteen days after the receipt of such notice the statutory undertakers shall give notice in writing to the operators of their intention themselves to execute such alteration it shall be lawful for the statutory undertakers instead of the operators to execute such alteration, and the reasonable cost incurred by them in so doing shall on demand be repaid to the statutory undertakers by the operators. Provided that the statutory undertakers shall, on receipt of notice from the operators, proceed with due diligence to execute such alteration.

(4) If any difference arises between the operators and any statutory undertakers in relation to anything to he done or not to be done or any money to be paid under this Section, such difference shall be determined by arbitration under and according to the provisions of the Arbitration Act, 1880, by an engineer to be appointed by the Board of Trade on the application of either of the parties in difference, after notice thereof in writing to the other of them."—[Mr. Clarry.]

Brought up, and read the First time.

Mr. CLARRY

I beg to move, "That the Clause be read a Second time."

I formally move this Clause. It is felt that statutory undertakings are not adequately protected unless some specific Clause be put into this Bill.

Sir WILFRID SUGDEN

I beg to second the Motion.

The PARLIAMENTARY SECRETARY to the MINISTRY of TRANSPORT (Lieut.-Colonel Moore-Brabazon)

I thank my hon. Friend for not having gone into details. As he said, this Clause is intended for the protection of statutory undertakings, in case, when making experiments on the road, we should do some damage. I have been advised by the Ministry that, should we do any damage to these roads, we should be liable under the ordinary common law. My hon. Friend has been advised by counsel that that is not so. We have not yet been able to get to the bottom of the subject, as the opinion of counsel on the point only reached the Department yesterday morning. If my hon. Friend will withdraw the Clause now, and it is found that he is right, we will see that a Clause giving similar power is put in in another place.

Mr. CLARRY

I beg leave to withdraw the Clause.

Motion and Clause, by leave withdrawn.