HL Deb 03 February 1931 vol 79 cc799-801

Provisions as to Confirmation, Variation and Revocation of Preservation Schemes.

1.Before confirming a preservation scheme (hereafter in this Schedule referred to as a "scheme"), the Commissioners shall cause to be published in the London Gazette, and in such other manner as they think best for informing persons affected, notice of their intention to confirm the scheme, of the place where copies thereof may be inspected, and of the time within which and the manner in which representations with respect to the scheme may he made, and shall cause such notice as aforesaid to ho given to every local authority whose area comprises any part of the controlled area.

3. The Commissioners, after considering any representations duly made with respect to a scheme, and after consulting the Minister of Health, may by order confirm the scheme either with or without modifications:

Provided that a scheme as so confirmed shall not apply to any area to which it would not have applied if it had been confirmed without modification.

4. A scheme when so confirmed shall come into force on such date as may be specified in the order confirming it.

5. A scheme may be varied or revoked by a subsequent scheme, and the Commissioners may, after consulting the Minister of Health, by order revoke a scheme if they think in the circumstances that the scheme ought to be revoked.

LORD CRANWORTH moved, in provision 1, after "time," to insert "which shall not be less than thirty days." The noble Lord said: Your Lordships will see a considerable number of Amendments in my name to this Schedule. I need only say that they are all based on the provisions of the Factory and Workshop Act, 1901, which are, by the Schedule of the Electricity Supply Act, 1919, applied to the special orders made under that Act. It seemed to me that there was a desire for uniformity in the matter, and I thought possibly the noble Lord might see fit to incorporate the same provisions in this Bill.

Amendment moved— Page 16, line 10, after ("time") insert ("(which shall not be less than thirty day)").—(Lord Cranworth.)

THE DUKE OF BUCCLEUCH

Before the noble Lord replies, may I draw attention to somewhat similar Amendments in different wording that stand in my name and in that of the noble Viscount, Lord Bertie of Thame?

LORD PONSONBY OF SHULBREDE

I have carefully considered all these Amendments and, if noble Lords will allow me, I should like to put down an Amendment on Report in the place suggested by the noble Lord, Lord Cranworth, and in the words suggested by the noble Viscount, Lord Bertie of Thame.

LORD CRANWORTH

In that case I beg to withdraw this Amendment, and I need not move any of my other Amendments to this Schedule.

Amendment, by leave, withdrawn.

VISCOUNT BERTIE OF THAME moved, in provision 3, after "after", to insert "holding a local inquiry and". The noble Viscount said: The third provision of this Schedule says:— The Commissioners, after considering any representations duly made with respect to a scheme, and after consulting the Minister of Health, may by order confirm the scheme either with or without modifications. There is no obligation to hold a public local inquiry. They may simply get an objection in writing and sit in their office and make an Order. I think it would be much better if they had a local inquiry.

Amendment moved— Page 16, line 18, after ("after") insert ("holding a local inquiry and").—(Viscount Bertie of Theme.)

LORD PONSONBY OF SHULBREDE

I am prepared to accept the principle of an inquiry, but the actual form of the Amendment, which I understand is also proposed by Lord Cranworth at a later stage, is not satisfactory, because it would enable the Office of Works to amend a scheme in some particular quite other than that to which objection had been made, and yet to confirm it without an inquiry, simply because it had been amended. It would be a fruitful source of disagreement if the Office of Works were to be the judges of whether an objection was frivolous or not. Further, some more exact definition of the persons to hold inquiries than the words "a competent and impartial person" seems to be necessary. I think that, if the noble Lords, Lord Bertie and Lord Cranworth, were not to insist on these Amendments, I can see that they are put down in another form so as to fulfil their intention.

VISCOUNT BERTIE of THAME

On that undertaking I am prepared to withdraw my Amendment.

Amendment, by leave, withdrawn.

VISCOUNT BERTIE OF THAME

My next Amendment is drafting.

Amendment moved— Page 16, line 28, after ("scheme") insert ("made under the provisions of this Act").—(Viscount Bertie of Thame.)

On Question, Amendment agreed to.

First Schedule, as amended, agreed to.

Second Schedule [Provisions as to Compensation under Preservation Schemes]:

LORD PONSONBY OF SHULBREDE

Owing to the deletion of Clause 2, the Second Schedule drops out of the Bill.

Amendment moved— Leave out the Second Schedule.—(Lord Ponsonby of Shulbrede.)

On Question, Amendment agreed to.

Third Schedule agreed to.