HC Deb 29 July 1936 vol 315 cc1676-9

Lords Amendment: In page 13, line 32, after "provide," insert: (a) that, except in a case of emergency, no works shall be executed on any land in pursuance of the order, unless, at least fourteen days previously, the proprietor of the aerodrome to which the order relates has served in the manner prescribed by the order on the occupier of that land, and on every other person known by the proprietor to have an interest therein, a written notice containing such particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, as may be prescribed by or in accordance with the order; and (b) that if, within fourteen days after service of the said notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except in so far as the objection is withdrawn, no steps shall be taken in pursuance of the notice without the specific sanction of the Secretary of State; and shall also provide.

Sir P. SASSOON

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

Mr. KELLY

On a point of Order. Are we to pass all these Amendments without a word of explanation? I can understand drafting Amendments being passed through without any trouble, but we have now passed three new paragraphs.

Sir P. SASSOON

I am sorry. I assure the hon. Member that these Amendments are all drafting Amendments, unless I give an indication to the contrary.

Subsequent Lords Amendments to page 13, line 36, agreed to.

Lords Amendment: In page 13, line 38, after "determined" insert "from time to time."

Sir P. SASSOON

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

This Amendment was considered advisable because questions of compensation might not be settled once and for all. Questions may arise in connection with alterations or removals as well as the original installation.

Mr. MONTAGUE

Does this proposal of the Lords entail an extra cost to the owners of the aerodromes, who may be local authorities and thus involve a charge on the rates? If so, is it necessary that we should waive the Privileges of this House in support of such an Amendment?

Sir P. SASSOON

There are only two Amendments which raise questions of Privilege, and I will mention them when we come to them.

Lords Amendment: In page 13, line 39, at the end, insert: and for the purposes of this subsection, any expense reasonably incurred in connection with the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense in- curred in connection with the repair, alteration, demolition or removal of any building, structure or erection to which such an order relates as is attributable to the operation of the order, shall be deemed to be loss or damage suffered in consequence of the order.

Mr. SPEAKER

This Amendment raises a question of Privilege.

Sir P. SASSOON

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

This makes the intention clean. In this case the question of Privilege may arise where the aerodrome proprietor is a local authority, because in that case a charge might fall on the rates.

Mr. SPEAKER

I will have a special entry made in the Journals of the House.

Subsequent Lords Amendments to page 14, line 16, agreed to.

Lords Amendment: In page 14, line 18, leave out "making of any repairs or alterations of" and insert: doing of any work for the purpose of repairing, altering, demolishing or removing".

Sir P. SASSOON

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

The object of the Amendment is to place demolition and removal in the same position as repairs or alterations for the purposes of the Sub-section.

Subsequent Lords Amendments to page 14, line 29, agreed to.

Lords Amendment: In page 14, line 30, at the end insert: () The following provisions shall have effect for the protection of statutory undertakers:— (a) any order made under this Section affecting any property held by such undertakers for the purposes of their undertaking shall be so framed as to avoid interference with the proper carrying on of the undertaking; (b) no person shall, except in a case of emergency, enter, in pursuance of such an order, upon any land held by such undertakers for the purposes of their undertaking, unless he has given to the undertakers at least three clear days' notice of his intention so to do, and any person so entering on any such land shall comply with any reasonable directions given to him by or on behalf of the undertakers for preventing interference with the proper carrying on of the undertaking; (c) if any such undertakers show that, by reason of the operation of such an order, they have been obliged to take special measures for the purpose of ensuring the safety of persons so entering on any such land or otherwise acting under the order in relation to any property of the undertakers, the amount of any expenses reasonably incurred by the undertakers in taking such measures shall be paid to them by the proprietor of the aerodrome to which the order relates, and any dispute as to whether any sum is payable under this paragraph, or as to the amount of any sum so payable, shall, unless the parties otherwise agree, be referred for determination to a single arbitrator appointed by the Lord Chief Justice. Nothing in this sub-section shall be taken to affect the general application of subsection (3) of this section.

Mr. SPEAKER

I have to point out that this Amendment also raises a question of Privilege.

11.7 p.m.

Sir P. SASSOON

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

The Amendment is for the protection of statutory undertakings, and it consists of three paragraphs. The first provides that an order for lighting affecting any property of a statutory undertaker shall be so framed as to avoid interference with the proper carrying on of the undertaking. The second paragraph provides that, except of course in case of emergency, at least three clear days' notice shall be given to statutory undertakers before a person enters upon their land in pursuance of an order for lighting; and the third provides that any expenses reasonably incurred by statutory undertakers on special measures taken to ensure the safety of persons executing the order for lighting on their land or property can be recovered by the aerodrome proprietor, and that any dispute as to whether any sum is payable, or as to the amount, shall be settled by arbitration. The question of Privilege may arise, as in the previous case, if the aerodrome belongs to a local authority, in which case a charge may fall on the rates.

Question put, and agreed to. [Special entry.]

Subsequent Lords Amendments to page 23, line 11, agreed to.