HL Deb 12 July 1923 vol 54 cc1014-7

[The references are to Bill No. 29.]

Clause 1, page 2, line 5, leave out ("adjoining") and insert ("adjacent to").

Clause 2, page 2, line 14, after ("mines") insert ("or to enabling the minerals to be worked more efficiently or more economically").

Clause 3, page 2, lines 41 and 42, leave out ("spoil heaps, or for").

Clause 5, page 3, line 39, leave out ("adjoining") and insert ("adjacent")

Clause 5, page 4, line 25, at end insert as a new subsection: ("(5) When the application relates to a right to obtain a supply of water, or a right to dispose of water or other liquid matter, or any other right which appears to the Board of Trade to affect any local authority, the Board before referring the application to the Commission shall send a copy thereof to the local authority in order to enable thorn to take such steps as they think fit for placing their views before the Commission").

Clause 6, page o, lines 4 and 5, leave out from ("lessee") to the end of subsection (3) and insert ("shrill have regard to the duration of such interest").

Clause 7, page (6, line 5, leave out ("adjoining") and insert ("adjacent").

Clause 10, page 9, line 24, leave out from ("shall") to the end of the clause and insert ("be entitled to appear and be heard at any proceedings on an application before the Commission under this Part of this Act").

Clause 14, page 10, line 39, at end insert ("and the expression 'tenant for life' shall include heir of entail and life renter").

Clause 15, page 12, line 6, leave out ("same") and insert ("loss caused by the specified minerals")

Clause 15, page 12, line 25, after ("the") insert ("loss caused by the")

Clause 15, page 12, line 28, at end insert ("so far as such compensation is payable in respect of the value of specified minerals")

Clause 15, page 13, line 8, after ("by") insert ("and payable under")

Clause 15, page 13, line 14, after ("reserved") insert ("and payable")

Clause 15, page 15, line 6, leave out from the beginning of line 6 to the end of line 19 and insert: ("(3) Any mineowner making a contribution under this section, who is a lessee, shall be entitled to deduct from any royalties then or thereafter becoming due from him to the royalty owner under the lease, one-third part of the amount which he has so contributed as aforesaid, subject, however, to this limitation: that if the royalty payable by the mineowner under his lease is at the rate of less than sixpence per ton, the amount deducted shall not exceed the amount produced by multiplying one-third of such rate per ton by the tonnage of the minerals with reference to the aggregate amount of which the maximum liability of the mineowner is to be so calculated as aforesaid; and where the mineowner is entitled to make such a deduction, the sum reserved by and payable under the lease shall be deemed to be the net amount arrived at after making the deduction.")

Clause 15, page 17, line 38, leave out from ("owner") to ("the") in line 40

Clause 15, page 18, line 1, after " owner " insert ("in consequence of such counter notice")

Clause 15, page 18, lines 3 and 4, leave out ("remaining minerals") and insert ("mine")

Clause 15, page 18, line 5, leave out ("remaining minerals") and insert ("mine")

Clause 15, page 20, line 40, after ("the") insert ("first")

Clause 15, page 20, line 41, at the beginning insert ("August")

Clause 15, page 21, line 18, leave out ("certain") and insert ("fixed")

Clause 15, page 21, line 40, leave out ("certain") and insert ("fixed")

Clause 15, page 22, line 22, at end insert ("and the appropriate percentage for the purpose of Section eighty-one of this Act shall be one hundred")

Clause 15, page 23, line 24, at end insert as a new subsection: ("(3) Where in an arbitration under the said provisions there are more than two parties involved, then, unless all the parties otherwise agree, the arbitration shall be conducted by a single arbitrator appointed by the Board of Trade, and the provisions of this Act with respect to the settlement of disputes by arbitration shall apply as if all the parties had concurred in his appointment as a single arbitrator").

Clause 16, page 24, line 33, after ("of") insert ("the provisions of Section seventy-eight of the Railways Clauses Consolidation Act, 1845, as amended by")

Clause 16, page 24,line 36, after ("shall") insert ("for the purposes of the same provisions")

Clause 16, page 25, after Clause 16 insert the following new clause:

Application to part II to Scotland.

("17. This Part of this Act shall apply to Scotland, subject to the following modifications:

  1. (a) For references to the Railways Clauses Consolidation Act, 1845, and to Sections seventy-eight to eighty-five thereof, there shall be substituted references to the Bail-ways Clauses Consolidation (Scotland) Act, 1845, and to Sections seventy-one to seventy-eight thereof:
  2. (b) of the substituted provisions, that numbered 85c shall not apply, and of the remaining provisions, those numbered 78, 78A. 79. 79A, 79B, 80, 81, 82, 83, 84, 85, 85A, 85B, 85D and 85E, shall respectively be numbered 71. 71A, 72, 72A, 72B, 73, 74, 75. 76, 77, 78, 78A. 78B. 78C and 78D, and the reference to Section 78 in Section sixteen of this Act and references to Section 79A both in that section and in the said substituted provisions shall be construed as references to Section 71 and to Section 72A, respectively:
  3. (c) for the reference to an arbitrator there shall be substituted a reference to an arbiter.")

Clause 17, page 26, lines 7 and 8, leave out from ("Britain") in line 7 to the end of line 8.

Second Schedule, page 27, lines 21 and 22, leave out ("to the following distances beyond") and insert ("on each side of (but not including)")

Second Schedule, page 27, line 22, leave out from ("protection") to end of line 23 and insert ("to the following distance therefrom").


My Lords, in moving that the Commons Amendments be agreed to, I do not think I need detain the House in regard to any of them. No alteration at all has been made in the principle of the Bill. The only substantial change that has taken place in the Bill as it left your Lordships' House is the inclusion of Scotland in Part II.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Earl of Clarendon.)


My Lords, I do not wish to offer any opposition to the Amendments made to this Bill in another place, but I must express regret that the Memorandum still contains the words: to give effect to an agreement arrived at between representatives of the railway companies, mine owners, and mineral royalty owners. When this Bill was before your Lordships it was pointed out that those words were not accurate, that a whole agreement had not been come to, and that there was still one outstanding matter which was the subject of very great disagreement, and I myself moved an Amendment on the point. I admit that your Lordships disagreed with my Amendment, which was defeated, but I had hoped that these words would be taken out in another place before the Bill came back to your Lordships, because the Bill, as it now stands, will become an Act, and will go down to posterity as an agreed Bill. I should be the last person to wish that it should do so, as it certainly is not, to my mind, an agreed Bill.


I should like to say that the Memorandum ought never to have been printed at all, and I am informed that it will be dropped and not printed in the complete copy of the Bill.


I am very much obliged.

On Question, Motion agreed to.