HC Deb 26 February 1975 vol 887 cc659-60

Lords Amendment: No. 13, in page 10, line 21, at beginning insert: () The power of the Secretary of State to acquire land compulsorily under this Act shall

"(a) the powers of the Crown Estate Commissioners;
(b) the powers of the Commissioners of Northern Lighthouses;
(c) the Pilotage Act 1913; 1913 c. 31 (2 & 3 Geo. 5).
(d) Part II of the Coast Protection Act 1949 (safety of navigation): 1949 c. 74.
(e) the Land Powers (Defence) Act 1958; 1958 c. 30.
(f) the Pipe-lines Act 1962; 1962 c. 58.
(g) the Mineral Workings (Offshore Installations) Act 1971; 1971 c. 61.
(h) the Dumping at Sea Act 1974; 1974 c. 20.
(i) the Health and Safety at Work Etc. Act 1974; 1974 c. 37.
but this section shall not enable any person to execute any relevant operations requiring a licence under section 4 of this Act without obtaining such a licence."
Mr. Millan

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

The purpose of the amendment is twofold. Its first purpose is to clarify the position of the Crown Estate Commissioners under the Bill. The Crown's interests in land are dealt with in Clause 16(5). The intention has always been that such interests would not be prejudiced by anything in the Bill. That is made explicit by the amendment. Secondly, this is a drafting amendment whose pur-

include power to acquire a servitude or other right over land by the creation of a new right.

Mr. John Smith

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

The amendment creates a means whereby the Secretary of State can exercise his power of compulsory purchase, for the purposes of the Bill, so as to create a servitude or other right in or over land, without his having to acquire the land itself in which the right subsists. A power of this kind may well be useful—it could be more acceptable to the landowner—in enabling the Secretary of State to provide a new right of way, under Clause 2(6), in replacement for a right of way extinguished by an order under Clause 2(5).

Question put and agreed to.

Subsequent Lords amendment disagreed to.

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