HC Deb 29 July 1958 vol 592 cc1155-6

Lords Amendment: In page 8, line 18, at end insert: (b) any rights of any statutory water undertakers under any public general Act relating to the supply of water, or under any byelaw made by virtue of such an Act, or under any local enactment, in so far as (apart from this Act) the Act, byelaw or enactment restricts, or enables the undertakers to restrict, the working of coal or other minerals, or the doing of any other act, on land comprised in the order;

3.42 p.m.

The Parliamentary Secretary to the Ministry of Power (Sir Ian Horobin)

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

The Amendment fulfils an undertaking in another place to ensure that the National Coal Board cannot override, by means of a compulsory rights order, certain provisions of the 1945 Water Act.

Question put and agreed to.

Lords Amendment: In page 8, line 30, after "include" insert: the following:— (a)

Sir I. Horobin

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

This Amendment and the following Amendment, in line 32, deal with a similar point. They ensure that the Coal Board cannot override by means of a compulsory rights order certain provisions of the Railways Clauses Act, 1845, and various local Acts.

Question put and agreed to.

Subsequent Lords Amendment agreed to: In page 8, line 32, at end insert: (b) any rights of the body carrying on a railway, canal, inland navigation, harbour or dock undertaking (not being rights falling within the last preceding subsection) under any enactment (whether contained in a public general Act or in any other Act) in so far as (apart from this Act) the enactment would operate so as—

  1. (i) to restrict, or enable that body to restrict, the working of coal or other minerals on land comprised in the order which is adjacent to a railway, waterway, harbour, dock or other works situated on land not comprised in the order, being works vested in that body or works which they have any right or duty to maintain, or
  2. (ii) to require, or enable that body to require, coal or other minerals on land comprised in the order to be left unworked for the protection or support of such a railway, waterway, harbour, dock or other works."

Lords Amendment: In page 9, line 10, at end insert: (8) In this section 'statutory water undertakers' and 'local enactment' have the same meanings as in the Water Act, 1945.

Sir I. Horobin

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

This Amendment and the next two Amendments, in lines 11 and 13, are consequential.

Question put and agreed to.

Subsequent Lords Amendment agreed to: In page 9, line 11, leave out "the reference" and insert: references to statutory water undertakers, to the Water Act 1945, and".

Lords Amendment: In page 9, line 13, leave out "a reference" and insert: respectively references to a local water authority, to the Water (Scotland) Act. 1946, and".

Sir I. Horobin

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

Mr. William Ross (Kilmarnock)

This Amendment has a Scottish application. I wonder, therefore, whether we could have guidance from a representative of the Scottish Office.

Sir I. Horobin

The three Amendments are, as I said on the previous Amendment, entirely consequential. They do not raise a point of substance at all.

Mr. Ross

Nevertheless, this is a Scottish Amendment and as Scotland is involved we should have a Scottish Law Officer to advise us.

Question put and agreed to.