HC Deb 24 February 1948 vol 447 cc1896-7

"(1) Subject to the provisions of this section, an order under section twenty-three or section nine of the principal Act authorising any persons to construct or alter waterworks or works connected therewith may authorise those persons to acquire compulsorily any land required for the construction or alteration of those works, being land which they could be so authorised to acquire by means of a compulsory purchase order made under section twenty-four of the principal Act, or under that section as amended by the Acquisition of Land (Authorisation Procedure) Act, 1946, as the case may be.

(2) The provisions of the Schedule to this Act shall have effect in relation to an order under the said section twenty-three or the said section nine which authorises any such acquisition as aforesaid."—[Mr. I. Edwards.]

Brought up, and read the First time.

Mr. J. Edwards

I beg to move, "That the Clause be read a Second time."

This new Clause would carry a stage further the procedure whereby powers can be acquired to start a new undertaking. Clause 2 enables the Minister, if he made an order under Section 3 of the main Act establishing a new undertaking, or an order under Section 9, constituting a joint board, to include provisions to do any of the matters provided for in Subsections (1, a, b, and c) and Subsection (2, a) of that Clause. Representations have been made on behalf of local authorities that orders under Sections 9 and 23 of the principal Act should also cover where necessary the compulsory acquisition of land and that water undertakers should be placed in the same position when applying for powers under the Water Act as if a private Bill were promoted. That is to say, that the whole project should be covered in one stage and by one order.

Subsection (1) of the new Clause gives effect to this proposal, but extends it to persons who desire to become statutory water undertakers. Subsection (2) provides that the provisions of the new Schedule to the Bill shall have effect in relation to orders under Sections 9 and 23 of the principal Act. Broadly speaking, the Schedule applies the procedure already laid down in the Water Act and the Acquisition of Land Act, 1946, to orders made under Sections 9 or 23 which authorise compulsory purchase of land. It will be seen that in this new Clause an attempt has been made to build into the Bill under the same simplified process a system of doing by one order what previously had to be done by two orders in the matter of compulsory acquisition of land.

Major Legge-Bourke

Will orders which have been made recently, while this Measure is before the House, be adaptable into the new form which is possible under this Clause?

Mr. Edwards

I think not. We can apply it from the time we get the power under the Measure but not retrospectively.

Clause read a Second time, and added to the Bill.