§ The Lord AdvocateI beg to move, in page 7, line 20, to leave out from the first "the" to the first "the" in line 23 and to insert:
carrying out of any flood prevention operations".It might be convenient if this and the following Amendment, in line 23, were taken together, because they are closely connected. The two Amendments are designed to meet certain criticisms made in Committee in regard to the continuing liability of local authorities if, having carried out a flood prevention scheme and then failed to maintain it, damage occurs further down the river. The object of the two Amendments, taken together, is to provide that if the local authority has carried out these operations it will not be liable for any omission to maintain thereafter. It will be liable for any omission during the carrying out of the work, if that omission should cause damage. That is why the word "omission" is left in line 28.On the assumption that the two Amendments are carried, a local authority is clear in two years from that date. If, through omission, there is a crumbling of a dam which causes damage further down the river, liability does not arise.
§ Amendment agreed to.
§ Further Amendment made: In page 7, line 23, leave out "right was exercised" and insert "operations were carried out".—[The Lord Advocate.]
§ 10.15 p.m.
§ The Lord AdvocateI beg to move, in page 7, line 39, at the end to insert:
or ten years from the completion of the flood prevention operations, whichever is the earlier1122 I do not think I need to go into this Amendment in detail. It gives effect to an undertaking, and I think that everybody is happy about it.
§ Amendment agreed to.