HL Deb 21 July 1908 vol 192 cc1657-9

House in Committee (according to Order.)

[The Earl of ONSLOW in the Chair.]

Clause 1:

LORD HAMILTON OF DALZELL,

who had a series of Amendments on the Paper, explained that they had been drafted to meet a point raised by the Local Government Board. The Public Health Act of 1874, gave to the Local Government Board power to grant Provisional Orders to urban authorities in respect of gas undertakings under the Gas and Water Works Facilities Acts of 1870 and 1873. The procedure of those Provisional Orders was laid down by those Acts. The clauses containing the Regulations would be repealed by this Bill. It was, therefore, proposed in this series of Amendments to extend to the Local Government Board the same powers of making Rules for Procedure in respect of Provisional Orders as were being given to the Board of Trade by the Bill. He begged now to move the first Amendment, but in order to meet any possible opposition from noble Lords opposite to the extension of this principle to other Government Departments, he would like to call attention to the next Amendment which stood in his name, which, he thought, would be found to preserve absolutely the control of Parliament over the rules to be made under the Bill.

Amendment moved— In page 1, line 7, after the word 'in,' to insert the words 'Part I. of.'"—(Lord Hamilton of Dalzell.)

On Question, Amendment agreed to.

LORD HAMILTON OF DALZELL

then moved the second Amendment to-which he had alluded. It was, he said, designed to meet the point raised by Lord Salisbury in the Amendment which the noble Marquess had on the Paper. The noble Marquess was not in his place, but he (Lord Hamilton) had been authorised by him to say that he was willing to accept this Amendment in lieu of the one standing in his name on the Paper. He thought it would be found that by this Amendment the control of Parliament over the rules of procedure was absolutely secured.

Amendment moved— In page 1, line 16, to leave out subsection (2) and to insert '(2) Any rules made in pursuance of this section shall be laid before both Houses of Parliament as soon as practicable after they are made, and if either House of Parliament within the next forty days after any rules have been so laid before that House resolves that the rules or any of them ought to be annulled, the rules or those to which the Resolution applies, shall after the date of such Resolution be of no effect, without prejudice to the validity of anything done in the meantime under the rules or to the making of any new rules."—(Lord Hamilton of Dalzell.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

LORD HAMILTON OF DALZELL moved the insertion of a new clause after Clause 1.

Amendment moved— After Clause 1 to insert the following new clause 'This Act shall extend to the Local Government Board as respects Provisional Orders made by them under the enactments mentioned in Part II. of the First Schedule to this Act, with the substitution of a reference to the Local Government Board for the reference to the Board of Trade and with this modification, that sections two hundred and ninety-three to two hundred and ninety-six of the Public Health Act, 1875 (relating to inquiries by the Local Government Board) shall apply to inquiries held by that Board in pursuance of any rules made by that Board under this Act."—(Lord Hamilton of Dalzell.)

On Question, Amendment agreed to.

Clause 2:

Consequential Amendments agreed to.

Clause 2, as amended agreed to.

Schedule:

Drafting Amendment agreed to.

Title:

LORD HAMILTON OF DALZELL moved to amend the title. This, he explained, was necessitated by the alterations which their Lordships had agreed to.

Amendment moved— In the Title, page 1, after the word 'Trade' to insert the words 'and the Local Government Board.'"—(Lord Hamilton of Dalzell).

On Question, Amendment agreed to.

Bill recommitted to the Standing Committee, and to be printed as amended. (No. 167).