HC Deb 16 June 1958 vol 589 cc736-8

The following Amendments stood upon the Notice Paper:

In page 5, line 42, leave out: a compulsory rights order, being".

Mr. MacDermot

I beg to move the Amendment standing in my name—

Mr. Deputy-Speaker

Mr. Speaker did not select that Amendment.

Mr. MacDermot

Then I apologise, Mr. Deputy-Speaker.

Mr. Maudling

I beg your pardon, Mr. Deputy-Speaker—I, too, was unaware of that. Had the Amendment been called I would have said that we were accepting it in principle, and were considering it before another stage of the Bill.

Mr. Deputy-Speaker

I did not call it, but it is not complete without a consequential Amendment.

Mr. Maudling

I beg to move, in page 6, line 3, to leave out "twenty-eight" and to insert "fifty-six".

This Amendment gives effect to the Parliamentary Secretary's undertaking in Committee on 20th March, and it increases the period of notice of entry under a compulsory rights order from 28 to 56 days.

Amendment agreed to.

Mr. Maudling

I beg to move, in page 6, line 18, at the end to insert: "of any description".

This is a drafting Amendment designed to make it clear that the Board's rights to occupy land under a production site order are those which they would have had if they had acquired a freehold interest in that land with vacant possession and free from encumbrances of any description. It is once again a drafting Amendment for more certainty.

Amendment agreed to.

Mr. Maudling

I beg to move, in page 6, line 27, to leave out subsections (6) and (7).

This Amendment is consequential on new Clause 3. Subsections (4) and (6) of the new Clause deal with the points covered by the subsections which are to be omitted.

Amendment agreed to.

"part of the land adjacent to such a building which, at that time, is occupied together with the whole or part of that building and either—
(a) is within fifty yards from a part of that building, or
(b) not being land falling within the preceding paragraph, and not being agricultural land, forms part of a garden, yard, court or forecourt belonging to that building".

This Amendment fulfils an undertaking of mine to amend the proviso to Clause 7 (1) so as to prevent the Board working coal right up to one side of a house. This Amendment should be generally acceptable. It was felt that the original draft of the Bill was quite insufficient to protect the position of occupiers.

Further Amendment made: In page 6, line 39, leave out "provisions of section six" and insert: "following provisions".—[Mr. Maudling.]