§ After clause 40 insert the following new clause:—
§ Power of drainage board to levy navigation tolls in certain cases.
§ (".—(1) Where any navigable waters within a drainage district are not subject to the control of any navigation authority, harbour authority, or conservancy authority, the drainage board of that district may apply to the Minister of Transport for an order imposing tolls in respect of the navigation of vessels in those waters.
§ (2) An order under this section—
- (i) shall not be made unless the Minister of Transport is satisfied that the cost of the maintenance or works in connection with the waters to which the order relates have been or will be increased as a result of the use of those waters for purposes of navigation; and
- (ii) shall, if opposed, be provisional only and have no effect until confirmed by Parliament.
§ (3) The Minister of Transport may hold inquiries for the purposes of this section as if those purposes were purposes of the Ministry of Transport Act, 1919, and Section twenty of that Act shall have effect accordingly and he may make such order as to the payment of costs incurred by him in connection with any inquiry held under this section as he may think just.
§ (4) The provisions of Part II of the Second Schedule to this Act shall have effect with respect to orders under this section subject to this modification that references therein to the Minister shall be construed as references to the Minister of Transport.
1172§ (5) Any tolls payable under this section in respect of the navigation of a vessel in any such waters as aforesaid may be demanded from the person in charge of the vessel by any person authorised in that behalf by the drainage board and, if not paid upon demand, may be recovered summarily as a civil debt either from the person in charge of the vessel or from the owner thereof.")
§ EARL DE LA WARR had given Notice to move that the Commons new clause be agreed to with the following Amendment —namely, in subsection (4) to leave out "this modification" and to insert "the modification." The noble Earl said: My Lords, I beg to move the Amendment to the Amendment. It is purely drafting.
§
Amendment to the Commons Amendment moved—
In subsection (4) leave out ("this modification") and insert ("the modification").—(Earl De La Warr.)
§ On Question, Amendment to the Amendment agreed to.
§ Moved, That this House doth agree with the Commons in the said Amendment, as amended.—(Earl De La Warr.)
§ On Question, Motion agreed to.