HC Deb 30 July 1951 vol 491 cc1126-7

Lords Amendment: In page 26, line 47, at end insert:

(11) If, on an application to the Secretary of State for him to determine a question under the last foregoing subsection, he determines that the withholding of consent, or the condition imposed, or the variation of a condition, as the case may he, was unreasonable, then—

  1. (a) where the application was in respect of the withholding of consent, he may direct that the consent shall be treated as given either unconditionally or subject to such conditions as appear to him to be reasonable;
  2. (b) where the application was in respect of the unreasonableness of any condition imposed, he may direct either that the condition shall be treated as annulled or that there shall be substituted for it such condition as appears to him to be reasonable;
  3. (c) where the application was in respect of the reasonableness of any variation of a condition, he may direct either that the condition shall he treated as continuing in force unvaried or that it shall he varied in such manner as appears to him to be reasonable;
but, as respects the period before the giving of the direction, this section shall apply as if the withholding of consent, or the condition imposed, or the variation of a condition, as the case may be, had not been unreasonble.

(12) If a river purification authority fail, within three months of the making to them of an application for their consent under this section, to give the person proposing to bring into use the new or altered outlet or to begin to make the new discharge, as the case may be, notice that they give or refuse their consent the consent shall be deemed to be granted unconditionally at the expiration of those three months.

Mr. T. Fraser

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

Lieut.-Colonel Elliot

This Amendment also deals with new discharges and we feel it is an improvement along the lines which we have been discussing in regard to the English Bill.

Question put, and agreed to.

Remaining Lords Amendments agreed to. [One with Special Entry.]

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