HL Deb 27 April 1926 vol 63 cc950-2

Read 3a (according to Order): Privilege Amendments made.

Clause 2:

Provisions as to the extension of county boroughs.

2.—(1) Where under Section fifty-four of the Local Government Act, 1888, a representation is made to the Minister of Health by the council of a county borough for any purpose involving the extension of the area of the county borough, the Minister shall not entertain the representation—

  1. (a) unless he is satisfied that the council of the county borough have sent to the councils of the counties, boroughs and districts affected notice of the proposed representation, together with a draft of the order which they desire to have made to give effect to their proposals; and
  2. (b) unless no notice of objection to procedure by Provisional Order has been sent to him by any such council within four weeks from the receipt of the notice from the county borough council, or unless every such notice of objection has been withdrawn.

(2) Where in consequence of any such notice of objection or on any other ground the Minister declines to entertain the re- Presentation, and the council of the county borough promote a Private Bill to give effect to their proposals, any notices published and served and deposits made for the purposes of the proposed Provisional Order shall, subject to Standing Orders, be held to have been published, served and made for a Private Bill applying for similar powers.

THE UNDER-SECRETARY OF STATE FOR WAR (THE EARL OF ONSLOW) moved to omit from subsection (2) all words after "representation" and to insert:— the application for the Provisional Order shall be deemed and taken to be a petition for leave to bring in a Private Bill, and the notices published and served and the deposits made for the purposes of the proposed Provisional Order shall, so far as they comply with the requirements of the Standing Orders of the House of Lords and of the House of Commons respectively in the case of a Private Bill, be held to have been published and served and made for a Private Bill applying for similar powers: Provided that the council of a county borough shall forthwith inform all persons who have objected to the Provisional Order and other interested persons of their intention to proceed by way of Private Bill.

The noble Earl said: My Lords, my attention has been drawn by my noble friend the Lord Chairman to a certain ambiguity in the Bill as it reads at present. This is really a drafting Amendment. It brings out the following points: That a Provisional Order is in the stated circumstances to be regarded as a Petition for leave to bring in a Private Bill; and, secondly, that the notices which are to be published for the purposes of a Provisional Order shall hold good for the Private Bill so far as those notices comply with the requirements of the Standing Orders of the House of Lords and of the House of Commons respectively. If, after proceeding first by way of a Provisional Order, the council of a county borough like to change over to a Private Bill they shall so inform all the objectors and persons interested. It is right that those persons should know of the change. I think the new wording makes that quite clear, and I beg to move the Amendment.

Amendment moved— Clause 2, page 2, line 3, leave out from ("representation") to the end of line 24 and insert the said words.—(The Earl of Onslow.)

THE EARL OF DONOUGHMOBE

My Lords, may I say that I am very grateful to my noble friend for moving this Amendment. There has never been anything between us on principle, but I think the words of the Amendment will result in a smoother working than would have been the case if the words as they were originally in the Bill had been retained.

On Question, Amendment agreed to.

Bill passed, and sent to the Commons.