HC Deb 04 February 1965 vol 705 cc1331-2
Dr. Dickson Mabon

I beg to move Amendment No. 8, in page 9, line 1, to leave out from "order" to "shall" in line 2, and insert: in the like manner as these provisions may be applied to controlled waters under the last foregoing subsection; and thereupon those waters shall become controlled waters within the meaning of this section, and their seaward limits".

Mr. Deputy-Speaker

I understand that we may also consider Amendment No. 9, in Clause 12, page 13.

Dr. Mabon

I am grateful, Dr. King.

These are clarifying Amendments. Subsection (3) of Clause 8 on tidal waters was intended to enable the Secretary of State to direct by order that the provisions of the Bill, and Section 28 of the 1951 Act which controls new outlets and new discharges, could be applied to other tidal waters and that these additional tidal waters thereupon became "controlled waters" and were incorporated in the Second Schedule of the Bill. It was also intended, however, that the Secretary of State could, by order, direct that the provisions of Clauses 1 to 3 of the Bill, which control existing discharges, could be applied to such additional controlled waters as well as to the tidal waters specified in the Second Schedule. The Clause as drafted, however, does not empower the Secretary of State to apply Clauses 1 to 3 of the Bill to these additional controlled waters. This power is necessary in respect of all controlled waters, and the Amendment seeks to rectify the omission.

The Amendment to Clause 12, the effect of which is to delete the reference to subsection (2) of Clause 8, is consequential. The provisions of the 1951 Act specified should be applicable to the whole Clause.

Amendment agreed to.