HC Deb 10 July 1946 vol 425 c472

Lords Amendment: in page 57, line 6, leave out from "contract" to end of line 10, and insert: but subject to the following provisions, namely, that if the other party to the contract (or any of them if more than one) objects to the exclusion he may within the prescribed period from the date of the notification to him refer the matter to arbitration under this Act, and in that event the arbitrator shall determine whether and to what extent the exclusion is to be effective, and except, in accordance with the determination of an arbitrator on such a reference, the exclusion shall not extend to performance of the contract due thereunder before the notification.

Mr. Gaitskell

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

This relates to Proviso (b) in Paragraph 2 of the Second Schedule, under which the operation of the Schedule may be excluded in spite of a particular contract by agreement between the Board and the colliery concern. The Amendment provides for the case whereby a third party if he objects to the contract, being excluded from the operation of the Schedule, may take the matter to arbitration.