§ (No powers to be given to local authorities to run carriages and take tolls upon tramways.)
§ No powers shall be given to any municipal corporation, local board, improvement commissioners, or other local authority to place or run carriages upon any tramway, and to demand and take tolls and charges in respect of the use of such carriages.
§
Amendment moved,
Provided that where any tramways have been constructed or acquired, or are authorised by the Bill to be constructed or acquired, by the local authority, the Committee on the Bill may, if they think fit, under the special circumstances of the case, insert a clause to following effect:—
If the local authority are unable to demise the tramways upon such terms as in the opinion of the Board of Trade will yield to the local authority an adequate rent therefor, the Board of Trade may grant a licence to the local authority to work such tramways, and the local authority may thereupon work the same, and may provide such plant, materials, and things as may be requisite or convenient therefor; and in such case all enactments relating to the working of the tramways and the taking of tolls and charges therefor shall extend and apply mutatis mutandis to and in relation to the local authority: Provided that if at any time during such working by the local authority any company make to the local authority a tender in writing to take a lease of and to work the tramways for such period (not being less than seven years, unless the local authority shall otherwise agree) at such rent and upon such terms and conditions as shall, in the opinion of the Board of Trade, be adequate and proper, and such company at the same time offer to purchase the horses, cars, engines, and fixed and movable plant of the local authority not included in such lease, at a price to be fixed, unless otherwise agreed on between such company and the local authority, by a competent valuer to be appointed by the Board of Trade; then upon payment of such price the local authority shall demise the tramways to such company at such rent and upon such terms and conditions, and the powers of the local authority to work the tramways shall cease and determine.—(The Earl of Morley.)
§ Motion agreed to.
§ Standing Order amended accordingly.
* THE EARL OF MORLEYThe second alteration I would ask your Lordships to make in the Standing Order is to enable Railway Companies, whose Bills are now passing, to adopt 527 some one of the schedules of rates which have already been passed under Provisional Orders for neighbouring lines. This will enable them to obviate the necessity and expense of having separate Provisional Orders for each Bill. I believe that no injustice or injury can be done by this change; it will be a great convenience, and save a considerable amount of time and expense to the Railway Companies concerned. I beg leave to move the same.
Moved, "That it be an Instruction to Committees on Bills of the present Session for incorporating Railway Companies that they be at liberty, if they think fit, to omit the clause required by Standing Order 123A in any case where they shall be of opinion that rates and charges in respect of merchandise traffic can be conveniently and properly fixed by reference to any schedule already sanctioned by a Rates and Charges Order Confirmation Act."—(The Earl of Morley.)
§ Motion agreed to.