HC Deb 22 March 1929 vol 226 c2012

(1) In any case in which a public utility undertaking sustains damage by reason of the exercise by a county council, in relation to any road vested in them by virtue of this Part of this Act, of functions which before the road was so vested were only exerciseable in relation thereto by district councils under the powers of the Public Health Act, 1875, section three hundred and eight of that Act (which relates to compensation) shall apply as if for the reference therein to a local authority there were substituted a reference to the county council, and as if the functions had been exercised under the powers of that Act.

(2) In this section "public utility undertaking" means any company or authority which carries on a gas, water, hydraulic power, electricity, tramway, light railway or trolley vehicle undertaking, and the expression "trolley vehicle" has the same meaning as in the Road Transport Lighting Act, 1927.

Mr. SPEAKER

This Amendment again raises the question of Privilege.

Mr. CHAMBERLAIN

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

This is a Clause that might well be accepted. The object is to preserve the rights of public utility undertakings to obtain compensation for damage age done to their sub-surface by roadwork. They have the power to obtain compensation in regard to district council work, but they do not get it in regard to county councils, and when the roads are transferred to the county councils they desire to preserve the rights of compensation which they had when the authority responsible was the district council.

Question put, and agreed to.

Mr. SPEAKER

A note will be made in the Journals of the House recording that the Amendment was made.

Subsequent Lords Amendments, to page 39, line 12, agreed to.