HL Deb 30 July 1925 vol 62 cc620-1

[The references are to Bill No. 75.]

Clause 1, page 1, line 15, leave out ("village in rural districts") and insert ("any village within the district of a rural district council").

Page 2, line 4, leave out ("elsewhere than in a rural district") and insert ("except within the district of a rural district council").

Clause 2, page 2, lines 8 to 27, leave out Clause 2 and insert as a new clause:

Delegation of powers by county councils to district councils.

(" .—(1) Without prejudice to any other powers of delegation, a county council may arrange with any urban district council which is not a local authority within the meaning of the principal Act for the delegation to that council of any of the powers of the county council under the principal Act, and may arrange with any rural district council for the delegation to that council of the power of enforcing any byelaws made under the principal Act by the county council, and, where any such arrangement is made, the county council may delegate its powers accordingly."

"(2) A county council may at any time cancel any arrangement made by them under this section, but without prejudice to anything previously done thereunder, and where any such arrangement is cancelled any bye laws made thereunder by the urban district council shall, until varied or revoked by the county council, have effect as if they had been made by the county council.

(3) Any arrangement made under this section delegating to an urban district council the power to make byelaws shall provide for the notification to the county council of any byelaws made under the arrangement.

(4) Any expenses incurred by a district council in pursuance of an arrangement made under this section shall be repaid to that council by the county council by which the arrangement was made, and any expenses so repaid by a county council shall be defrayed by the county council as part of their expenses in carrying the principal Act into effect:

Provided that—

  1. (a) if any such expenses incurred by a district council exceed any limit which may have been imposed by the arrangement made by the county council, the amount of the excess shall not be repayable to the district council unless it is so resolved by the county council; and
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  3. (b) any expenses properly incurred by a district council in pursuance of the arrangement shall, so far as they are not repaid by the county council, be defrayed as part of the general expenses of the district council; and
  4. (c) for the purposes of section four of the principal Act a district council shall not by reason of any arrangement made under this section be deemed to be a local authority under that Act.

(5) This section shall not apply to Scotland.")

Clause 3, page 2, lines 28 to 42, leave out Clause 3.

Clause 4, page,3, lines 1 and 2, leave out Clause 4.

Clause 5, page 3, line 7, at end insert: ("(2) References in this Act to the principal Act shall be construed as references to that Act as amended by this Act. (3) In the application of this Act to Scotland references to the district of a rural district council shall be construed as references to a county exclusive of any burgh situated therein.")

LORD ASKWITH

My Lords, the Amendments sent back are either purely drafting, or apply portions of the Act to Scotland and make technical alterations, or they are Amendments putting in different words the arrangements which were proposed to be made between county councils and district councils with regard to dealing with advertisements. I have no quarrel with these. The promoters of the Bill desire that your Lordships should agree with all the Amendments made by the Commons, but they wish to disclaim any interest in the Amendment to Clause 2, which says that any expenses incurred by a district council in pursuance of an arrangement made under that clause shall be repaid to that council by the county council by which the arrangement was made. They are of opinion that each donkey should bear its own burden and that the countycouncil should not pay for matters in which the district council is specially interested. They do not wish to risk the passage of the measure, however, and therefore I move that your Lordships agree with the Commons in the Amendments made to the Bill.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Askwith.)

On Question, Motion agreed to.