HC Deb 11 May 1964 vol 695 cc118-9

Lords Amendment: In page 45, line 10, leave out Clause 37 and insert new Clause "C": C.—(1) The following provisions shall cease to have effect, namely,—

  1. (a) sections 30 (power to vary rates) and 47 (list of rates to be set up) of the Harbours, Docks and Piers Clauses Act 1847 (both as originally enacted and as incorporated in any Act or order);
  2. (b) any statutory provision (other than the said section 47 or one in this Act) applying to a harbour authority in so far as (however it is expressed) it requires a list of charges imposed by the authority in the exercise of their powers as such to be published;
  3. (c) section 17 (rates to be equally levied) of the General Pier and Harbour Act 1861 Amendment Act and any other statutory provision applying to a harbour authority in so far as (however it is expressed) it prohibits the authority from discriminating in the matter of charges imposed as aforesaid against any person in favour of any other person.
(2) In the foregoing subsection 'harbour authority' does not include any such person as is mentioned in section 25(5)(c) of this Act. (3) The Shipping Dues Exemption Act 1867 (which precludes the according of certain exemptions from shipping dues and empowers the Minister to abolish dues from which an exemption exists) is hereby repealed.

7.30 p.m.

Vice-Admiral Hughes Hallett

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

Although this is a new Clause, the Amendment is little more than a drafting one. It extends the scope of the repeal provisions in Clause 37 by omitting that Clause and substituting a new one altogether. Clause 37 as it is at present provides that Sections 30 and 47 of the Harbours. Docks and Piers Clauses Act, 1847, should cease to have effect. Section 30 contains requirements for equality of charging which would be contrary to the provisions of the Bill, which do not prohibit differential charging. Section 47 of the 1847 Act deals with publishing lists of rates, which is covered by Clause 28.

Certain harbour authorities, and this is really the chief point of the Amendment, do not incorporate the provisions of the 1847 Act in their own local legislation. Clause 37 had to be revised to cover comparable provisions in Sections 30 and 47 of the 1847 Act in the local enactments, and this new Clause covers these provisions. It also takes the opportunity of repealing the provision in the General Pier and Harbour Act, 1861, relating to the levying of discriminatory charges.

Question put and agreed to.