§ Lords Amendment: No. 4, in page 15, line 22, at end insert:208
§ "B.—(1) Subject to the provisions of this section, a regional water board or a water development board (in this section referred to as 'a board') may petition for the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936 or oppose any private legislation in Parliament where they are satisfied that it is expedient so to do, and may defray the expenses incurred in relation thereto.
§ (2) A board shall not petition for the issue of a provisional order as aforesaid without the consent of the Secretary of State, and the Secretary of State shall not give such a consent unless he is satisfied that the powers sought by the proposed order cannot be obtained by means of an order under the Water (Scotland) Acts 1946 to 1967.
§ (3) An application for the consent of the Secretary of State for the purposes of this section shall be accompanied by a concise summary of the purposes of the proposed order.
§ (4) In the section 'private legislation in Parliament' includes a provisional order, and the confirmation Bill relating thereto under the said Act of 1936, and any local or personal Bill."
Dr. Dickson Mahon
I beg to move, That this House doth agree with the Lords in the said Amendment.
The purpose of the Amendment is to ensure that the boards all have the same power to promote and oppose private legislation, which would not be so if we relied on the simple transfer to them of the existing functions of local authorities, some of which have very restricted powers in this respect, while others are virtually unrestricted. The boards are unlikely to need to promote private legislation, but we agree that they should be able to do so when the powers which they want cannot be provided under the Bill.
§ 10.45 p.m.
§ Mr. Norman Wylie (Edinburgh, Pent-lands)
I commend the Amendment, particularly in view of the position of a water development board. As I understand, this is a new creature of statute and is not a successor to any statutory body, although it could be argued that regional water boards which fall heir to the functions of water authorities under Clause 2 would fall heir to the promotion of private orders.
As I say, I believe this to be desirable and necessary in the case of water development boards.
§ Question put and agreed to.