§ Mr. MacArthurI beg to move Amendment No. 67, in page 32, line 34, at the end to insert:
4. In section 26(2), after the words 'any such land' there shall be inserted the words or a notice relating thereto'.5. In section 26(3), after the word 'street', there shall be inserted the words 'and on any land'.In Section 26 of the Water (Scotland) Act, 1946, there is provision for the erection and maintenance of notices and markers on water mains in streets and on buildings. In saying that, I am simplifying the section, but the Minister will appreciate the point I have in mind. There is no power in that section for the fixing of markers or notices on water mains running across open land, and I understand that that has led to some difficulty in rural areas where there are long lengths of water main between streets on which markers can be made under the terms of the 1946 Act.The difficulty has become slightly greater recently because of the natural tendency for the scope of farming to increase and for fields to be run together. In some cases the position of an air valve, for example, is substantially removed from the place at which a notice can be erected. In Perthshire, for instance, there is one place where the notice is removed no less than 410 yards from the air valve to which it refers.
The Amendment's purpose, therefore, is to extend the terms of Section 26 of the 1946 Act to embrace the possibility of placing notices and markers on open land as well as in streets and on buildings. One part of the Amendment relates to the protection of the farmer or land owner concerned, in that the existing powers of compensation for notices on houses or in streets would be extended also to the placing of notices on land.
§ 11.0 p.m.
§ Dr. Dickson MabonI should dearly like to accept the Amendment, coming, as we are, near to the end of these proceedings, but, unfortunately, I cannot. 1487 The difficulty is that the Amendment would give an absolute right. We have consulted the various interests concerned. I realise that some county councils would like this provision, but others would not.
I am told on engineering advice that a board would have maps of the line of its mains. As a notice could be affixed to a fence or building at the point at which a main entered private land, there should not be difficulty in following the line by measurement. Farmers tell us that many markers are often lost or destroyed by farming activities, including cattle consuming them in some way or other, and I am advised that the proposal contained in the Amendment is not the best way of proceeding.
I take the point that in certain circumstances the proposal might be a good one and that we should achieve the purpose by agreement with owners of land. We would certainly try to do this. In other words, I accept the purpose which the hon. Member for Perth and East Perthshire (Mr. MacArthur) has in mind, but I cannot agree that we should give an absolute right.
I hope that the hon. Member will accept that we should not write this absolute right into the Bill and that he will accept our assurance that, where practicable, we will do what he has in mind but that we must take into account the views of farmers and others concerning private grounds.
§ Mr. MacArthurI am obliged to the Minister of State for recognising the point of difficulty underlying the Amendment. Equally, I realise that other difficulties might arise by introducing an absolute power of this kind. In view of what the hon. Gentleman has said and the understanding way in which he has treated our proposal, I beg to ask leave to withdraw the Amendment.
§ Amendment, by leave, withdrawn.
§ Dr. Dickson MabonI beg to move Amendment No. 68, in page 34, line 47, at the end to insert:
';and for the words from "not exceeding" to "determine," there shall be substituted the words "as may be determined under section 8(1) of this Act."'.1488 I suggest, Mr. Deputy Speaker, that we can conveniently take at the same time Amendment 69.
§ Dr. MabonThe purpose of the two Amendments is to adjust the arrangements under the Water (Scotland) Act, 1949, governing the power of local authorities concerning water expenditure which they can charge to their general rate. I will not go into all the possibilities that were discussed in Committee.
The Amendments explain our intentions. I gave an indication in Committee that we would try to make Amendments of this nature. The Amendments to paragraphs 19 and 23 of the Schedule provide for the later consequential changes if the House agrees to these two Amendments. I commend them to the House.
§ Amendment agreed to.
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Further Amendments made: Amendment No. 69, in page 35, to leave out lines 18 to 28 and to insert:
(1) In any year a local authority may defray, out of the county or, as the case may be, the burgh rate, such part, as they think fit, of the expenditure incurred by them in meeting any requisition under Part II of the Water (Scotland) Act 1967 or in performing any of their functions under any enactment in relation to water supply in their district, to an amount which, unless the Secretary of State otherwise approves, shall not exceed the amount requisitioned from them in respect of that year under subsection (2) of section 11 of that Act, or under that subsection as modified by virtue of subsection (4) of that section.
§ No 70, in line 44, leave out 'its' and insert 'their'
§ No. 71, in line 46, leave out 'its' and insert 'their'.
§ No. 72, in line 48, leave out 'is' and insert 'are'.—[Dr. Dickson Mabon.]