HC Deb 26 July 1957 vol 574 cc797-8

Lords Amendment: In page 14, line 12, at end insert: (5)Where under subsection (1)of this section the Board have recovered any expenditure incurred by them under section one of this Act from a licensee of the Board, then, so far as that expenditure was incurred under subsections (2)to (5)of the said section one, the three last foregoing subsections shall have effect as if that expenditure had been incurred by the licensee and as if for any reference in those three subsections to the Board there were substituted a reference to the licensee: Provided that the licensee shall not be entitled to recover the amount of any payment made by him before he became a licensee of the Board.

11.30 a.m.

Mr. Maudling

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

This Lords Amendment is to meet a representation put forward from the Small Mines Federation. Clause 7 as it stood gave the National Coal Board power to recover in certain circumstances payments which it had made to relieve itself of liability for subsidence damage. Clearly, having made a payment it could not be expected to incur liability afterwards. The Federation pointed out that some of the small licensed mines occasionally make similar payments, and requested that they should have the same benefit as the Board of the right to recover in similar circumstances. The effect of this Amendment is to give the small licensed mines the same rights as the original Bill gave the Board.

Question put and agreed to.