HC Deb 08 March 1940 vol 358 cc805-6

1920 TO 1934.

Resolved,

"That the draft of a Special Order proposed to be made by the Board of Trade under the Gas Undertakings Acts, 1920 to 1934, on the application of the Cefn Mawr and Rhos-Y-Medre Gas Company, Limited, which was presented to this House on 6th February and published, be approved with the following modification and addition:

Page 16, line 45, at end, insert 'which notices are hereinafter called "the said notice." '

Page 17, after line 11, insert:

"The expense of the execution of such works by the railway company under this sub-section shall be borne by the railway company except in the following cases in which cases the Company shall repay to the railway company the costs or sum therein specified (that is to say):

  1. (a) where the works of the Company had been constructed or laid upon across over or under the railways or works of the railway company within the period of two years immediately preceding the giving of the said notice by the railway company and at the time of the construction or laying thereof the railway company had given a warning in writing to the Company of their intention to construct any additional or other works or to extend alter or repair their railways or other works as aforesaid in such a way as to affect injuriously the works of the Company there shall be repaid the reasonable cost of diverting supporting carrying or otherwise dealing with the works of the Company;
  2. (b) Where the said expense or any part thereof is occasioned by the substitution at the request of the Company of improved works of greater dimensions for previously existing works of the Company or the con- 806 struction or laying of works at a greater depth than the previously existing depth there shall be repaid the reasonable additional cost to the railway company of constructing additional or other works or of extending altering or repairing their railways or works attributable to the fact that the substituted works are an improvement upon or of greater dimensions than or constructed or laid at a greater depth than the previously existing works of the Company;
  3. (c) Where the works of the Company had been constructed or laid upon across over or under the railways or works of the rail way company more than seven and a half years before the giving of the said notice by the railway company then if and so far as (i) the said expense is occasioned by the substitution (whether through necessity or not) of new works for old and (ii) the Company may reasonably be expected to profit through savings on the cost of future replacements owing to the prospective life of the new works being longer than that of the old there shall be repaid a sum representing the amount of the said expense so far as it does not exceed the amount of such profit; and
  4. (d) Where the works executed by the railway company consist in the restoration of previously existing works to their original level after subsidence has occurred there shall be repaid the reasonable cost of diverting supporting carrying or otherwise dealing with the works of the Company."

Resolved,

"That the draft of a Special Order proposed to be made by the Board of Trade under the Gas Undertakings Acts, 1920 to 1934, on the application of the Drighlington and Gildersome Gaslight Company, which was presented to this House on 13th February and published, be approved."—[Major Lloyd George.]