HC Deb 05 December 1932 vol 272 cc1298-9
The DEPUTY-CHAIRMAN

The first Amendment in the name of the hon. Member for East Fulham (Sir K. Vaughan-Morgan)—in page 5, line 11, at the end, to insert the words: (2) If the proprietors of any of the undertakings specified in Parts II, III, IV, V, and VI, of the said Schedule consent in writing to the transfer of such undertaking, or any part thereof, to the board, and such consent is certified by the Minister, such undertaking, or such part thereof shall, from the date on which the Minister so certifies, be transferred to and vest in the board, and for the purposes of this Act such date shall be deemed to be the appointed day in reference to any such undertaking. is out of order.

6.23 p.m.

Mr. PYBUS

I beg to move, in page 5, line 28, to leave out from the word "undertaking" to the word "and" in line 33.

This is a purely drafting matter. It is preliminary to an Amendment to be moved later to Clause 80.

Amendment agreed to.

The ATTORNEY-GENERAL

I beg to move, in page 7, line 3, after the word "hire," to insert the words: without the consent of the licensing authority. This is a drafting Amendment to make the words square with the intentions of the draftsman. The Clause speaks of certain vehicles which are subject to the condition of not plying for hire. That is not quite the correct description of such vehicles under the Road Traffic Act. Some of them are subject to the condition of not plying for hire but there is a qualification even on that. It is a condition that may be waived with the consent of the licensing authority. These words follow exactly the language of the Road Traffic Act, Section 6 (7) (b).

Amendment agreed to.

Further Amendments made: In page 7, line 39, after the word "Schedule," insert the words: (in this Act referred to as 'the Lewis undertaking.')

In line 40, leave out from the word "undertaking" to the end of line 44, and insert instead thereof the words: including all lands, works, and other property, assets, powers, rights, and privileges held or enjoyed in connection therewith or appertaining thereto and any rights or interests of the undertakers in any other undertaking."—[The Attorney-General.]

The ATTORNEY-GENERAL

I beg to move, in page 8, line 12, after the word "shall," to insert the words: subject to the provisions of this Section. This Amendment and two following Amendments all go together. They are drafting Amendments. The Lewis undertaking was put into the Sixth Schedule, dealing with undertakings that are taken over by the Select Committee, but they omitted to make a large number of drafting Amendments, which we have to make now.

Amendment agreed to.

Further Amendments made: In page 8, line 16, leave out "or III," and insert instead thereof "III or VI."

In line 34, after the word "expenditure," insert the words: on work done, services rendered, goods delivered or land or property acquired before the appointed day.

In line 35, at the end, insert the words: and any dispute which may arise between the board and any of those councils under this proviso shall, in default of agreement, be determined by an arbitrator to be agreed or to be appointed by the Minister of Health."—[The Attorney-General.]