HC Deb 18 July 1963 vol 681 cc854-5
Mr. Corfield

I beg to move, in page 53, line 17, to leave out from "but" to the end of line 23 and to insert:

  1. (a) section 34(3) to (5) and section 41 of this Act shall have effect in relation to any such application, or to an appeal against the decision on such an application, as if it were an application for a licence of right, and
  2. (b) section 49(2) of this Act shall not apply to any direction given in consequence of such an appeal.
  • (4) Section (Application by owner of fishing rights for revocation or variation of licence) of this Act shall not apply to a licence granted in pursuance of an application under subsection (2) of this section.
The Amendment has two purposes. The first part of the Amendment is consequential upon the introduction of Clause 41 into the Bill in Standing Committee and upon the Amendments which have been made this afternoon to Clause 34. The need for the second part of the Amendment arises from the introduction of new Clause 2 about fishing rights which we discussed earlier. This is the relevance of the new subsection (4).

Amendment agreed to.

Mr. Corfield

I beg to move, in page 53, line 25, to leave out from second "the" to "if" in line 26 and to insert: relevant transitional period". Would it be convenient to take with this Amendment the Amendment in line 33.

Mr. Deputy-Speaker

Yes, if that is convenient to the House.

Mr. Corfield

These Amendments prolong the period during which an abstraction made pursuant to a licence of right granted in respect of an abstraction previously made other than under statutory provisions may still be challenged at common law. This, again, is in fulfilment of an undertaking to strengthen the protection of the common law rights, other than rights to abstraction—such things as fishing rights, the right to undiminished flow of river, and so on—until such time as the charging scheme is in operation.

Amendment agreed to.

Further Amendment made: In page 53, line 33, at end insert: In this subsection "the relevant transitional period", in relation to a licence granted by a river authority, means the period beginning with the second appointed day and ending with the coming into operation of a charging scheme prepared by that river authority under Part V of this Act.—[Mr. Corfield.]