HL Deb 09 August 1904 vol 139 cc1489-95
THE ACTING CHAIRMAN OF COMMITTEES (Lord BALFOUR OF BURLEIGH)

My Lords, the object of the Motion standing in my name is to effect some Amendments in the Standing Orders rendered necessary by the transference of a Department from the Board of Trade to the Board of Agriculture. It is also proposed that hereafter there should be a Standing Order that when under the Private Bill Procedure (Scotland) Act a Joint Committee is required it shall always consist of three Member from each House unless the Standing Order is suspended.

Moved, That the Standing Orders be amended as follows—

26. In cases where tidal lands within the ordinary spring tides are to be acacquired or in any way affected a copy of the plans and sections shall, on or before the thirtieth day of November immediately preceding the application for the Bill, be deposited at the Office of the Harbour Department, Board of Trade, marked "Tidal Waters," and on such copy all t dal waters shall be coloured blue and, if the plan include any bridge across tidal waters, the dimensions as regards span and headway of the nearest bridges, if any, across the same tidal waters, above and below the proposed new bridge, shall be marked thereon; and in all such cases, such plans and sections shall be accompanied by an Ordnance map of the country over which the works are proposed to extend, or are to be carried, with their position and extent, or route accurately laid down thereon.

And in cases where the work is to be situate on the banks, foreshore, or bed of any river, a copy of the plans and sections, shall, on or before the thirtieth day of November immediately preceding the application for the Bill, be deposited—

  1. (1) if the river is in England or Wales, at the Office of the Board of Agriculture and Fisheries; or
  2. (2) if the river is in Scotland, at the office of the Secretary for Scotland; or
  3. (3) if the river is in Ireland, at the Irish Office. Westminster, and at the Office of the Department of Agriculture and Technical Instruction for Ireland, Dublin; and
  4. (4) If the river is subject to a Board of Conservators, at the Office also of such Board.

30. Where by any Bill power is sought to take any churchyard, burial ground, or cemetery, or any part thereof, or to disturb the bodies interred therein, or where power is sought to take any common or commonable land, as the case may be, a copy of so much of the plans, sections, and books of reference required by these Orders to be deposited in the Office of the Clerk of the Parliaments in respect of such Bill as relates to such churchyard, burial ground, or cemetery, common or commonable land, shall, on or before the thirtieth day of November, be deposited at the Office of the Secretary of State for the Home Department, and a copy of so much of the said plans, sections, and books of reference as relates to such common or commonable lands shall, on or before the said day, be deposited at the Office of the Board of Agriculture and Fisheries.

33. On or before the twenty-first day of December a printed copy shall be deposited—

(1) Of every Local Bill at the Office of His Majesty's Treasury, at the Local Government Board, and at the General Post Office;

(4) Of every local Bill relating to any dock, harbour, navigation, pier, port, or tidal waters, at the Office of the Harbour Department of the Board of Trade, marked "Tidal Waters,"

(5.) Of every Bill of the Second Class whereby it is intended to authorise the construction of any work on the banks, foreshore, or bed of any river, at the Office of the Board of Agriculture and Fisheries and at the Office of the Conservators of the River (if any);

(7.) Of every Local Bill—

  1. (a) relating to a local court or stipendiary magistrate;
  2. (b) whereby power is sought to take any churchyard, burial ground, cemetery, or any part thereof, or to disturb the bodies interred therein, or to take any common or commonable land;
  3. (c) in which provisions are contained relating to houses inhabited by the working class in London.
  4. (d) promoted by any Municipal or other Local Authority, by which it is proposed to create powers relating to police or sanitary regulations which deviate 1492 from, or are in extension of, or repugnant to the general law;
at the Office of the Secretary of State for the Home Department;

(12.) Of every local Bill which relates to the drainage of land in England or Wales, or which relates to the improvement of land in England, Wales, or Scotland, or to the erection, improvement, repair, maintenance, or regulation of any market or market place at which cattle are exposed for sale, or to any matter within the jurisdiction of the Board of Agriculture and Fisheries or which proposes to alter the boundary of any county, urban or rural district, parish, or any other administrative area in the United. Kingdom, or whereby power is sought to take any common or commonable land. at the Office of the Board of Agriculture and Fisheries.

Leave out Standing Order 38 and insert as a new Standing Order—

38. Where any Bill contains or revives or extends power to take compulsorily or by agreement any land in any local area as defined for the purposes of this Order, and such taking involves, or may involve, the taking in of that area of any house or houses occupied either wholly or partially by thirty or more persons of the working class, whether as tenants or lodgers, the promoters shall deposit in the Office of the Clerk of the Parliaments, and at the office of the central authority, on or before the 21st day of December, a statement giving the desscription and postal address of each of such houses, its number on the deposited plans, the parish in which it is situate, and the number (so far as can be ascertained) of persons of the working class residing in it, and also a copy of so much of the deposited plans (if any) as relates thereto.

This Order shall not apply where a statement in pursuance of this Order was deposited in respect of the Act, the powers of which are proposed to be revived or extended.

For the purposes of this Order the expression "local area" means—

  1. (1) As respects London, the Administrative County of London;
  2. 1493
  3. (2) As respects England and Wales (outside London), any borough, or other urban district, and elsewhere than in a borough or other urban district, any parish;
  4. (3) As respects Scotland, any district within the meaning of the Public Health (Scotland) Act, 1897; and
  5. (4) As respects Ireland. any urban district;

The expression "house" means any house or part of a house occupied as a separate dwelling.

The expression "working class" means mechanics, artisans, labourers, and others working for wages, hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons, other than domestic servants, whose income in any case does not exceed an average of thirty shillings a week and the families of any of such persons who may be residing with them.

The expression "central authority" means, as regards London, the Secretary of State for the Home Department, and, as regards England and Wales (outside London), the Local Government Board, as regards Scotland, the Secretary for Scotland, and as regards Ireland, the Local Government Board for Ireland.

The expression "Bill" includes a Bill confirming a Provisional Order.

77. The Examiner may admit affidavits in proof of the compliance with the Standing Orders, or may require further evidence; and such affidavits shall be sworn, if in England or in Ireland, before a justice of the peace or commissioner for oaths, and if in Scotland, before any sheriff depute or his substitute, or a justice of the peace.

104a. The Committee on any Local Bill may, if they think fit, admit affidavits in proof of any allegation, deed, or document mentioned or set forth in the Bill or in any schedule thereto, or may require further evidence. Such affidavits shall be entitled "In the matter of a Bill now pending in the House of Lords, of which the short title is [insert the short title]," and shall be sworn, if in England or in Ireland, before a justice of the peace or a commissioner for oaths, and if in Scotland, before any sheriff depute or his substitute, or a justice of the peace. Such affidavits shall be filed in the office of the Clerk of the Parliaments.

111. In the case of every Bill which gives, revives, or extends power to take land in Scotland or in Ireland, compulsorily or by agreement, clauses shall be inserted—

  1. (1) Providing that the promoters shall not in the exercise of such power purchase or acquire in any local area any house or houses, occupied either wholly or partially by thirty or more persons belonging to the working class, as tenants or lodgers unless and until
    1. (a) They shall have obtained the approval of the Central Authority to a scheme for providing new dwellings for the persons residing in such houses, or for such number or proportion of such persons as the Central Authority shall, after inquiry, deem necessary, having regard to the number of persons residing in the houses liable to be taken and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of the houses liable to be taken, or to the place of employment of such persons, and all the other circumstances of the case; and
    2. (b) They shall have given security to the satisfaction of the Central Authority for the carrying out of the scheme.
  2. (2) Imposing adequate penalties on the promoters in the event of houses being acquired or appropriated for the purposes of the Bill in contravention of the foregoing provisions;
  3. (3) Providing that the expenses or any part of the expenses incurred by the Central Authority under this Order shall be defrayed by the promoters of the Bill, or out of moneys to be raised under the Bill; and
  4. (4) Conferring on the promoters and on the Central Authority respectively any powers that may be 1495 necessary to enable full effect to be given to the said scheme.

Expressions defined in Order 38 have the same meanings in this Order.