CLAUSE 11.—(Powers of Commission for consolidation of leases before the vesting date.)

HC Deb 30 March 1938 vol 333 cc2098-100

8.24 p.m.

Captain Crookshank

I beg to move, in page 12, line 12, to leave out "in the same colliery area."

This Amendment and the next three Amendments form part of one proposal. They deal with the point raised in Committee stage about the proper definition of "colliery takes." We are dealing here with the power of the Commission to consolidate leases before the vesting date. One of the most useful functions of the Commission when it comes into full control of its property will be to set about consolidating leases, and under this Clause powers are taken to do it in anticipation of the vesting date. It is clear that the definition in the Bill is not really quite correct. We have drafted it so that it would read: Where rights to work a number of parcels of coal are subsisting under a number of coal-mining leases in the same working lessee, and it appears … In the fourth Amendment we define what a "working lessee" means in relation to these parcels of coal and also what is a "subsisting working lease." I am afraid this is an extremely technical point, but this form of words has the assent of those who are most technically expert in this matter, and they are satisfied that it does what we want to do, namely, to define what in ordinary parlance is a "colliery take."

8.26 p.m.

Sir S. Cripps

I am not quite certain what is the object of the omission of the words "in the same colliery area," because the parcels of coal must be in the same colliery area because of the new Sub-section (2) which it is proposed to insert and also the definitions at the end of the Clause. The new Sub-section (2) which is proposed reads: (2) A single lease to be granted pursuant to a lease consolidation scheme that relates to any colliery area must comprise all the coal and mines of coal in that colliery area. Why omit the words "in the same colliery area" at the beginning where there is a definition of what is to be the subject-matter of the consolidation scheme, when exactly the same words are put in the new Sub-section (2), and refer to a scheme that relates to any colliery area"? What is the object of leaving the words out at the beginning if they are to reappear later? I should have thought that it would have been better to have the words at the beginning so as to give the definition as early as possible in the Clause rather than to wait until a later stage. With regard to the third Amendment, I am not quite certain whether, according to the definition as it now reads, the expression "colliery area" means an area comprising all parcels of coal which are capable of being conveniently and economically worked to the shafts of a single colliery.

Captain Crookshank

There are some new words to be inserted.

Sir S. Cripps

I agree; there are the words in respect of which the same person is working lessee, and so on. I am not clear why the new Sub-section (2) is wanted in that form if this is in the definition Sub-section. I should have thought that if the words "in the same colliery area" had been left in at the beginning of the Clause, and if there had been a new definition as to what is meant by "the same colliery area," it would have covered the matter. To insert the new Sub-section (2) and the new definition is a duplication, and does not make the Clause more simple. It seems to me that the Clause is made more involved and more clumsy by these Amendments.

8.30 p.m.

Captain Crookshank

I appreciate that the hon. and learned Gentleman does not take any exception to the general effect of what we are trying to do in these Amendments. It is simply a question of drafting, and of course, he knows that there will be an opportunity of looking into questions of drafting again.

Amendment agreed to.

Further Amendments made:

In page 12, line 13, after "leases," insert "in the same working lessee."

In line 20, at the end, insert: (2) A single lease to be granted pursuant to a lease consolidation scheme that relates to any colliery area must comprise all the coal and mines of coal in that colliery area.

In page 13, line 16, leave out from "and," to the end of the Clause, and insert: in respect of which the same person is working lessee;

1. (b) the expression 'working lessee' means, in relation to any parcels of coal, a person carrying on the business of coalmining who has rights to work those parcels by virtue of a number of coal-mining leases held by him in possession (that is to say not subject to any under-lease) or so held by another for his benefit; and
2. (c) the expression 'subsisting working lease' means a coal-mining lease which comprises any coal in a colliery area to which a lease consolidation scheme relates and which is held as aforesaid by or for the benefit of the working lessee."—[Captain Crookshank.]