HC Deb 14 February 1940 vol 357 cc894-6

10.11 p.m.

Sir Lindsay Everard

I beg to move, in page 12, line 40, after "by," to insert: (except in case of emergency) not less than forty-eight hours' previous. The object of the Amendment is to give definite notice when an occupier of land is ordered by a board to do something to a sluice. It is reasonable that, if the occupier is to be held responsible if he does not carry out what the board requires, he should have adequate notice of what is expected of him.

Mr. Ramsbotham

I am happy to tell my hon. Friend that we can accept this Amendment in principle. It may be necessary to put it in a proper form of words, and this will be done in consultation with my hon. Friend.

Amendment, by leave, withdrawn.

10.12 p.m.

Lieut.-Colonel Heneage

I beg to move, in page 13, line 2, at the end, to insert "or ancillary thereto."

The difficulty is that the Clause says, "any sluice forming part of the dam." The dam may govern the compounding of water some distance from the sluice which controls it. If a sluice happens to be a dam also, it will work all right. I hope the Government will say how they propose to work the Clause in the case where a sluice is some distance from the dam.

Mr. Ramsbotham

I am advised that a sluice is a dam. Consequently the Amendment is unnecessary.

Lieut.-Colonel Heneage

I accept what my right hon. Friend says, but the definition of "sluice" at the end of the Clause does not mention "dam." However, it is now on record, and I hope that a court of law will take what my right hon. Friend says. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

10.14 P.m.

Sir E. Shepperson

I beg to move, in page 13, line 9, after "impounded," to insert: and shall so exercise the said powers as to interfere as little as may be practicable with such user. The purpose of the Amendment is to safeguard the user so that he shall not be interfered with detrimentally by any action with regard to the sluice.

Mr. Ramsbotham

I am happy to say that I can accept the Amendment.

Amendment agreed to.

Mr. Ramsbotham

I beg to move, in page 13, line 9, after the words last inserted, to insert: (b) a drainage board shall not exercise the powers conferred by this Section in relation to any sluice which is vested in or controlled by a navigation, harbour or conservancy authority. This is intended to give the navigation and harbour service authorities the pro- tection which Parliament by its previous legislation clearly intended.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.