HC Deb 25 July 1963 vol 681 cc1947-8

Lords Amendment: In page 162, line 19, leave out from "exercisable" to end of line 20 and insert— (a) by the Greater London Council as respects a sewer or sewage disposal works which is vested in the council of a London borough or county district; (b) by the council of a London borough or county district as respects a sewer or sewage disposal works which is vested in the Greater London Council.

Mr. Corfield

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

This Amendment affects paragraph 2 of Part One of Schedule 9, which prohibits a local authority from vesting in itself a sewer or sewage disposal works vested in any other authority. It was originally considered that the necessary transfer powers for sewers from one authority to another could be made under Clause 35, but on reflection it has been decided that there might be some difficulty in this method, and, moreover, there is no reason why London boroughs and county district councils should not have the same power as local authorities outside London to vest in themselves sewers vested in another local authority. At the request of, and with the agreement of, the authorities, the effect of the Amendment is to give them that power.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment: In page 165, line 29, leave out from "sewer" to end of line 30.

Mr. Corfield

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

The Bill without this Amendment gives the Greater London Council powers which the L.C.C. now has to construct sewers without giving notice to the owners of land under which the sewers are to pass. The reason for this is the vast number of owners who would need to be given notice in this crowded part of London. But the same arguments do not apply to the construction of sewage disposal works. The same considerations apply to their construction in London and elsewhere and this Amendment is designed to bring the provisions of the Bill into line with those outside London.

Question put and agreed to.

Lords Amendment: In page 165, line 36, leave out "The foregoing sub-paragraph and insert: Where the Greater London Council propose in the exercise of their powers under this paragraph to construct a sewer which will cross or interfere with any watercourse or works vested in, or under the control of, a land drainage authority other than the Council or the council of a London borough or county district, they shall before adopting plans for the construction of the sewer give notice of their proposals to that authority; and if that authority within twenty-eight days of the giving of the notice to them serve on the Greater London Council notice of objection to the proposals, the Council shall not proceed with the proposals unless all objections so made are withdrawn or the Minister after a local inquiry has approved the proposals with or without modification. (3) Section 31(2) of the Land Drainage Act 1961 (which requires the consent of a river authority to the erection, alteration or repair of structures in, over or under watercourses) shall not apply to any work executed under this paragraph. (4) The foregoing provisions of this paragraph".

Sir K. Joseph

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

As the Bill is drafted the Greater London Council is exempt from some of the obligations of land drainage authorities which other sewage authorities are bound to observe. There have been certain criticisms of this and this places on it the same obligations, as land drainage authority, as other sewage authorities.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment: In page 167, line 4. leave out "Board of Trade" and insert "Minister of Transport".

Sir K. Joseph

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

This puts right a straight mistake. Since the Board of Trade had this function it has been transferred to the Ministry of Transport.

Question put and agreed to.