HC Deb 16 March 1964 vol 691 cc1117-8
Mr. Stodart

I beg to move, in page 59, line. 16, at the end to insert: (2) For the purposes of obtaining the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936 containing any such provision as aforesaid, it shall be deemed, notwithstanding the passing of this Act, that the objects of that provision cannot be attained without an order confirmed by Parliament under the said Act of 1936. This Amendment is simply to provide for the correct Scottish application of the Clause The Clause as it stands makes clear that a harbour authority which wishes to obtain powers in relation to its harbour may promote a Private Bill to do so in spite of the fact that it might have obtained the powers it required by an Order made by the Minister under the Bill. In Scotland, the procedure is by provisional order under the Private Legislation Procedure (Scotland) Act, 1936, instead or by Private Bill, and the effect of the Amendment is to ensure that harbour authorities in Scotland may continue, if they wish, to obtain new powers by private legislation procedure if they prefer this method rasher than by applying to the Minister of Transport or, in the case of a marine work, to the Secretary of State for art Order under the Bill.

Mr. Hoy

This is a little more than just a draining point. It is true that the new wording brings Scotland into line with England, but I do not know for what good reason the Government found it necessary to propose the Amendment. I do not understand why people would want to adopt the old procedure now that we have sought to accommodate them in the Bill in another and easier way. But I accept from the Under-Secretary of State that there may still be people who want to introduce a little private legislation of their own. If they want to do it and spend their money in that way, the Government are making it possible. It is not a matter of great moment, but I am glad that an explanation was given.

Amendment agreed to.