§ Leave out Clause 58 and insert as a new clause:
§ Protection of waterworks.
§ (".—(1) Nothing in this Act or any order made thereunder shall authorise any person, except with the consent of the undertakers, to do any work which, whether directly or indirectly, interferes or will interfere with, or with the use of the works of or any property which is vested in or is under the control of the persons carrying on any undertaking to which this section applies, in their capacity as such, in such manner as to affect injuriously the said works or property or the carrying on of the undertaking.
§ The undertakings to which this section applies are the following:—
- (a) Public utility undertakings carried on by local authorities under any Act or under any order having the force of an Act;
- (b) Undertakings for the supply of water to any place;
- (c) The undertakings of authorised undertakers within the meanings of the Electricity (Supply) Acts, 1882 to 1928;
- (d) The undertakings of navigation, harbour, or conservancy authorities.
§ (2) Nothing in this Act shall authorise any person except with the consent of the railway company to interfere with any railway bridge or any other work connected with the railway or the structure, use or maintenance thereof or the traffic thereon.
§ (3) If any question arises under this section whether anything done or proposed to be done interferes or will interfere as aforesaid, that question shall be referred to a single arbitrator to be agreed between the parties or failing such agreement to be appointed by the President of the Institution of Civil Engineers on the application of either party to the difference after notice thereof to the other.
§ (4) Without prejudice to the provisions of this Act with respect to the transfer to drainage boards of the powers and duties of navigation authorities and with respect to the power of the Minister to vary navigation rights, nothing in this Act or any order made thereunder shall be taken to prejudice the exercise of any statutory power, authority or jurisdiction from time to time vested in or exercisable by the persons carrying on any undertaking to which this section applies.")
§ EARL DE LA WARR moved that the new clause proposed by the Commons instead of Clause 58 be agreed to with the following Amendment, namely, in subsection (3) to leave out the words "to the difference after notice thereof to the other." The noble Earl said: My Lords, I beg to move that your Lordships accept this Amendment to the Commons Amendment that I have placed on the Paper, which is purely drafting.
§
Amendment to the Commons Amendment moved—
In subsection (3) leave out the words ("the difference after notice thereof to the other").—(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.