HC Deb 26 July 1957 vol 574 c796

Lords Amendment: In page 9, line 29, at end, insert: (iii)the withholding by any person of consent to the execution of preventive works on any property by the Board shall not be deemed to be unreasonable in a case which, if those works were remedial works consequent upon subsidence damage to that property, would fall within paragraph (i), (ii)or (iii)of subsection (3)of section one of this Act.

Mr. Maudling

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

This is another Amendment introduced at the last moment to meet a point put forward by the water undertakers. Provision is made in Clause 1 (3)that in certain circumstances statutory undertakers and public utilities should be able to insist on carrying out the repairs themselves; for example, where they think that, for reasons of health, it is necessary for the works to be carried out by the undertakers' own employees, and not by the National Coal Board. Provision is made in certain circumstances that they can insist on doing the works themselves.

The water undertakers have pointed out to us that there was a similar provision in Clause 4, and have suggested that it might happen that in certain circumstances the National Coal Board wanted to carry out preventive works under Clause 4 when the water undertaking might say, "You cannot do that; we do not think that you should go on our property." That might be regarded as an unreasonable refusal of permission in the event of damage, and might prejudice the water undertaking in respect of compensation. The Amendment is now proposed so that, as regards preventive works by the Coal Board, in certain circumstances, on special application, the undertaking shall be entitled to insist on carrying out the work itself. The Amendment is designed to bring the provisions of the Clause into line with those of Clause 1 (3).

Question put and agreed to.