HC Deb 17 October 1950 vol 478 cc1943-5
Mr. Barnes

I beg to move, in page 19, line 47, at the end, to insert: Provided that this subsection shall be subject to the provisions of subsection (4) of this section (as to election by the sewer authority to execute works themselves). This Amendment and the three Amendments which follow form a series which looks very formidable on the Order Paper, but what they really come down to is that the London County Council and the Metropolitan Boroughs have made very strong representations to me that, under present legislation, they have the authority to enable them to break into public sewers and charge the undertakers concerned the cost of doing this work. They naturally want these powers to be retained in the Bill. The undertakers, of course, are quite familiar with that procedure, and there is no reason why their request should not be met.

Whilst that is so, it was felt that we should amend Clause 11 to extend the same right to sewer authorities throughout the country. So the Amendment to the Bill, requested by the London County Council and the Metropolitan Boroughs, has an exceedingly strong case behind it, and it was felt that this was the right thing to do generally.

Mr. Manningham-Buller

These Amendments are satisfactory to us, and we think that they constitute an improvement to the Bill. The only criticism I make is a very minor one. In paying his tribute to the originators of this new provision, the right hon. Gentleman omitted all reference to us, and quite recently we pressed his Department rather strongly upon this very same point. I hope that the other bodies to which he referred will be equally content with what we have done. Although the Amendments are lengthy in character, I do not think there is any reason for the Committee now to take up any further time in considering them, and I express my thanks to the right hon. Gentleman for what he has done.

Amendment agreed to.

Further Amendments made: In page 20, line 9, at end, insert: Provided that this subsection shall be subject to the provisions of subsection (4) of this section (as to election by the sewer authority to execute works themselves).

In line 13, at end, insert: (4) Where code-regulated works include the breaking up or opening of a public sewer, the sewer authority may, by notice given to the undertakers as mentioned in this subsection, elect themselves to execute all or any of the following, that is to say—

  1. (a) the breaking up or opening of the sewer,
  2. (b) reinstatement and making good thereof, and
  3. (c) works rendered necessary as mentioned in subsection (1) of this section,
and, where notice of such an election is duly given, the undertakers shall not execute any of the works or reinstatement and making good specified therein, but the sewer authority shall execute them or it: Provided that the matters to which this subsection is to apply by virtue of such a notice may be varied by agreement between the sewer authority and the undertakers. A notice of such an election shall be deemed to have been duly given as to works of a kind mentioned in paragraph (a), (b) or (c) of this subsection if the sewer authority had given notice to the undertakers of their desire that the provisions of this subsection should have effect in the case of all works of that kind to be executed in relation to any public sewer of theirs, but in any other case a notice of such an election must be given—
  1. (i) as regards breaking up or opening, or reinstatement and making good, in a case in which the plan and section of the undertakers' works are settled without recourse to arbitration, not later than twenty-nine days from the date on which the plan and section were submitted to the authority;
  2. (ii) as regards breaking up or opening, or reinstatement and making good, in a case in which the plan and section are settled by arbitration, not later than the expiration of fifteen days from the date of the award;
  3. (iii) as regards works rendered necessary as mentioned in subsection (1) of this section, at the time of the sewer authority's claiming them to be so rendered necessary by the notice or in the proceedings mentioned in that subsection.
 In line 18, at end, add: or of executing any works or carrying out any reinstatement and making good pursuant to an election under subsection (4) thereof."—[Mr. Barnes.]

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

Clauses 12 and 13 ordered to stand part of the Bill.