HC Deb 17 October 1950 vol 478 cc1951-2
Mr. Barnes

I beg to move, in page 36, line 40, at the end, to insert "executed."

This Amendment and the two following Amendments are drafting and minor ones. They make it clear that the Clause will come into operation six months after the Bill is passed.

Amendment agreed to.

Further Amendments made: In page 36, line 41, after "land," insert: in exercise of a statutory power or of such a power together with an authorisation given under the First Schedule to this Act, other than works which have been substantially begun before the expiration of six months from the passing of this Act.

In line 44, at the end, insert: being apparatus maintainable under a statutory power or under such a power together with an authorisation given under the First Schedule to this Act."—[Mr. Barnes.]

7.0 p.m.

Mr. Hay

I beg to move, in page 37, line 9, to leave out "three," and to insert "eight."

Clause 26 deals with the various sorts of works which are likely to affect the apparatus of other undertakers, and under subsection (2) there is a provision that those undertakers have to give three days' notice of their proposed work. We on this side of the Committee feel that the period is too short, and when one bears in mind that discussions are going on and plans are being drawn up, it seems to us unnecessarily short. The intention of this Amendment is to increase the period to eight days, which we consider to be the reasonable minimum period for a letter, for some consideration of the matter to be given at the other end, and for a reply to be prepared and returned.

The Attorney-General

This provision as to notice is for the mutual protection of the undertakers concerned and for nothing else, and the undertakers all agreed to three days' notice. The hon. Member may think that there is no reason, as they do not themselves recommend longer notice, to encourage dilatory proceedings on the part of these undertakers; and now that the undertakers are largely nationalised, they may be expected to work with expedition and efficiency. [HON. MEMBERS: "Oh!"] I suggest, at all events, that it would be unwise to give them a longer period than they themselves require. Having regard to the observations so well made by the hon. Member for Lewisham, North (Sir A. Hudson) in regard to this Bill, matters of this kind having been the subject of express agreement between the undertakers, I hope that the hon. Member will not think it necessary in the public interest to interfere with the period which they thought sufficient and appropriate.

Mr. Hay

Since the right hon. and learned Gentleman has referred to the fact that most of these undertakers are now nationalised, the thought has gone through my mind that we might have made a mistake in putting down "eight" instead of "eighty," knowing the speed at which some of them work. However, since the point has obviously been considered carefully by everyone who has had anything to do with this Bill. I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

The Attorney-General

I beg to move, in page 38, line 8, to leave out "in respect of," and to insert "equal to the."

This is a drafting Amendment on a matter which we have already considered, and it secures consistency.

Amendment agreed to.

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