§ POWERS TO REPAIR DRAINS ETC. AND TO REMEDY STOPPED-UP DRAINS ETC.
§ Mr. MacfarlaneI beg to move Amendment No. 46, in page 21, line 18, leave out 'subsection (6)' and insert 'subsections (6A) and (7)".
Mr. Deputy SpeakerWith this it will be convenient to take Government amendments Nos. 47, 48, 49, and 50.
§ Mr. MacfarlaneOnce again these are drafting amendments.
Amendment No. 47 will make the power of a local authority to recover expenses for remedying a stopped-up drain, private sewer and so on subject to any order that the court may make about expenses. That will keep the provision in line with the exising section 17(2) of the Public Health Act 1961.
Amendments Nos. 46 and 48 are consequential. Amendments Nos. 49 and 50 will preserve the existing provisions of section 18(3) of the Public Health Act 1961. Where a local authority has wrongly concluded that a drain or private sewer needs attention, the authority will not be able to recover the expenses.
- Amendment agreed to.
- Amendments made: No. 47, in page 21, line 42, after 'and', insert 'subject to subsections (6A) and (7) below,'.
- No. 48, in page 22, line 28, leave out 'and' and insert—
- '(6A) Subject to subsection (7) below,'.
- No. 49, in page 22, line 31, leave out
- 'The power conferred by subsection (6) of this section includes power,'.
- No. 50, in page 22, line 36, leave out `to order that'.—[Mr. Raison.]
§ Amendment made: No. 51, in page 22, line 38, leave out '(6)' and insert '(1)'.—[Mr. Macfarlane.]
§ This is a minor drafting amendment.
§ Amendment agreed to.