§ 8.2 p.m.
§ The Attorney-GeneralI beg to move, in page 5, line 7, to leave out from "that," to the end of the Sub-section, and to insert:
if by reason of that coal or mine being comprised in an inferior under-lease a direction may be given under this Sub-section both as respects interests arising under the lease and as respects interests arising under the underlease, a direction shall not be given as respects the former unless a direction has been given or is to be given as respects the latter also.This is merely a drafting Amendment. It is to insert certain words instead of the proviso which appears in the Bill. It deals with a technical and rather complicated matter with regard to leases.Amendment agreed to.
§ The Attorney-GeneralI beg to move, in page 5, line 28, after "right," to insert: 2093
to work that coal or to use that mine for a coal-mining purpose, as the case may be.We inserted this Sub-section in the Committee in order to provide for a case where an Order had been made by the Railway and Canal Commission, under which Order coal was in fact worked which could not otherwise be worked. In the words inserted in the Committee it was not made clear that this Sub-section (5) was intended to apply only in cases where the Order was an Order to work and not merely an ancillary Order. This and the following Amendment are brought forward simply to make it clear that that is the sort of case which is to be covered by the Sub-section.
§ Amendment agreed to.
§
Further Amendment made: In page 5, line 28, after "order," insert:
to a person other than the person in whom the corresponding right arising under the lease is vested."—[The Attorney-General.]
§ The Attorney-GeneralI beg to move, in page 5, line 39, at the end, to insert:
but shall not include any option to acquire, or any right of pre-emption over, an interest in coal or a mine of coal, that may be conferred by the lease.There was some discussion on this point in Committee, and either my right bon. Friend or my hon. and gallant Friend stated that it was the Government's intention that an option to obtain a lease would not be a retained interest, but in a case where a person had an option as against the freehold owner of the coal he should be entitled to come into the compensation. Under that option he had rights which diminished the value of the freeholder, and therefore he was entitled to a certain proportion of the compensation. The latter point comes in on an Amendment to Clause 38, where we make it clear that he can come in as an interested party if he has an interest
§ Amendment agreed to.
§ The Attorney-GeneralI beg to move, in page 5, line 40, to leave out paragraph (b), and to insert:
(b) references to retained interests shall be construed, in relation to any coal or mine o£ coal, as references to interests therein that are retained interests by virtue of this Section or of Section twenty-nine of this Act, and, in relation to any property or rights annexed to that coal or mine, as references to the corresponding interests therein.This is a drafting Amendment of a highly technical character. Retained 2094 interests in virtue of the provisions of Schedule 2 may include interests which are not technical interests in any coal or mine of coal. This Amendment is to make it clear that in other parts of the Bill retained interests are to be construed in the way defined.
§ Amendment agreed to.