HC Deb 12 March 1930 vol 236 cc1441-2

"(1) Where the owner or occupier of any agricultural land is of opinion that such land is being injured or is in danger of being injured through the refusal of the owner of any land to allow underground main drains to be formed through his land it shall be lawful for the owner or occupier of such agricultural land to apply to the sheriff for a warrant authorising him to make such underground main drains through the land of such owner.

(2) If the sheriff is satisfied that the land owned or occupied by the applicant is being or is in danger of being injured by such refusal as aforesaid, and that permission to make such underground main drains is being unreasonably withheld, he may after such inquiry by remit or report, or otherwise, as he may think necessary, grant a warrant authorising the making of such underground main drains, and the person so authorised shall have power to enter on the land where the operations are to be carried out, and to carry out the same. The sheriff may, if he thinks fit, direct that any operations to be carried out under such warrant shall be carried out under the supervision of a person of skill and experience in matters of drainage.

(3) Such warrant shall provide (i) for the payment by the person so authorised of compensation for any damage caused to any other person by reason of the making of the underground main drains authorised by such warrant, the amount of such compensation, failing agreement, to be determined by the sheriff after such inquiry as aforesaid; and (ii) for the proper maintenance or renewal of the said drains in the future at the expense of the owner for the time being of the said agricultural land."—[Mr. MacRobert.]

Brought up, and read the First time.

Mr. MacROBERT

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

This Clause is to re-enact certain essential parts of the Land Drainage (Scotland) Act, 1847, which has been repealed in this Measure. It is necessary to re-enact certain beneficiary provisions, and I do so in this Clause which I now move. I do not think that any explanation is required, as the Clause speaks for itself.

The SECRETARY of STATE for SCOTLAND (Mr. William Adamson)

We are prepared to accept this Clause.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.