HL Deb 29 March 1926 vol 63 cc840-1

Read 3a (according to Order).

Clause 1:

Transfer of drainage powers to councils of counties and county boroughs.

1.—(1) The powers of the Minister of Agriculture and Fisheries (hereinafter referred to as "the Minister") under Part II. of the Land Drainage Act, 1918, shall be transferred to the councils of counties and county boroughs, and accordingly that Part of that Act in its application to any county or county borough shall have effect as if for references to the Board of Agriculture and Fisheries there were substituted references to the council of the county or county borough: Provided that—

  1. (a) in the ease of the powers conferred by subsection (2) of Section fifteen of the Land Drainage Act, 1918, and transferred to the council of a county or a county borough by this section the council shall, except in case of emergency, before exercising any such powers, give to the drainage authority in whose default they propose to exercise such powers not less than thirty days notice in writing of their intention so to do, and that if before the expiration of the period of notice the drainage authority intimate in writing to the council their objection to the exercise of the proposed powers the council shall not exercise the same except with the consent of the Minister who may, if he thinks fit, cause a public local inquiry to be held with respect to the objection;
  2. (b) in the case of the powers conferred by section sixteen of the Land Drainage Act, 1918, and transferred to the council of a county or county borough by this section any draft scheme made by the council of a county or county borough in pursuance thereof the council shall, where the owners of one-half or more of the land comprised within the area to which the draft scheme relates have duly presented objections thereto and have not withdrawn the same, before settling the scheme cause a public local inquiry to be held with reference to the scheme.

(2) Section seventeen of the said Act is hereby repealed.

THE PARLIAMENTARY SECRETARY OF THE MINISTRY OF AGRICULTURE AND FISHERIES (LORD BLEDISLOE)

My Lords, there are three drafting Amendments standing in my name on the Paper and I beg to move.

Amendments moved—

Clause 1, page 2, lines 10 and 11, leave out ("any draft scheme made") and insert ("where a draft scheme has been prepared")

Clause 1, page 2, lines 12 and 13, leave out ("the council shall where") and insert ("and")

Clause 1, page 2, line 17, after ("same") insert ("the council shall").—(Lord Bledisloe.)

On Question, Amendments agreed to.

Privilege Amendments agreed to.

Bill passed, and sent to the Commons.