HL Deb 01 August 1935 vol 98 cc1071-4

Clause 19, page 22, line 40, leave out from ("Health") to the end of subsection (1).

Page 23, line 1, leave out subsection (2).

Page 23, line 6, after ("1932") insert ("and Section thirty-four thereof").

Page 23, line 10, after ("1932") insert ("and Section thirty-three thereof").

Page 23, line 34, leave out from ("whatsoever") to the end of line 35.

Page 23, line 36, leave out subsection (5) and insert:

("(5) Subsection (1) of Section eleven and subsection (4) of Section seventeen shall have effect as if for the words 'a court of summary jurisdiction for the petty sessional division in which ' there were substituted the words the Sheriff within whose jurisdiction,' and the references in the said subsections to appeals to Quarter Sessions shall be omitted therefrom;

(6) Subsection (5) of Section nine shall not apply;")

Page 24, line 1, leave out ("nine") and insert ("eleven and paragraph 3 of the Second Schedule ").

Page 24, line 3. The Commons have reinserted subsection (7) of Clause 19 (which was formally omitted by the Lords, no 'Third Reacting. as a Privilege Amendment) in the following form:

("(8) Section thirteen shall apply as if the reference to the provisions of the Local Government Act, 1933, therein mentioned were omitted and the following provisions of the Town and Country Planning (Scotland) Act, 1932, viz.: Part III of the First Schedule, Part I of the Third Schedule (except paragraph 2 and sub-paragraph (iii) of paragraph 3), and paragraph 4 (except head (b) of sob-paragraph (i)) of Part II of that Schedule shall apply to a compulsory purchase order under the said Section thirteen subject, however, to the following and any other necessary modifications:—

  1. (i) for references to the Department of Health for Scotland and to the responsible authority there shall be substituted respectively references to the Minister and to the highway authority; and
  2. (ii) anything which has to be prescribed shall be prescribed by the Minister;

(9) Nothing in Section thirteen shall authorise the compulsory acquisition of any land which is the site of an ancient monument or other object of archæological interest, and where any land proposed to be acquired by means of a compulsory purchase order under the said section is situate within such distance as may be prescribed by the Minister after consultation with the Commissioners of Works from any of the royal palaces or parks, the highway authority shall communicate with the Commissioners of Works and the Minister shall, before confirming the order, take into consideration any recommendation received from the Commissioners of Works with reference to the order;

(10) Section sixteen shall have effect as if subsection (4) were omitted and Sections one hundred and eighty-three to one hundred and eighty-seven of the Public Health (Scotland) Act, 1897, shall apply, in like manner as they apply to by-laws made under that Act, to regulations made under subsection (6) of Section one hundred and twenty of the Road Traffic Act, 1930, with the substitution of the Secretary of State for the Board and any penalty under any such regulation shall be recoverable on conviction by a court of summary judisdiction.")

Page 24, line 21, leave out subsection (8) and insert:

(" (10) Section seventeen shall have effect as if—

  1. (a) the proviso to subsection (1) were omitted;
  2. (b) in subsections (2), (3), and (5) the expression 'owner' were substituted for the expression occupier';
  3. (c) for subsection (6) the following subsection were substituted:—

'(6) In the event of the erection of a new building (being a building to which this section applies) without compliance with any condition in force under this section or in the event of any means of entrance or egress or accommodation provided in compliance with such a condition ceasing to be maintained by the owner or occupier in accordance with the requirements thereof, the owner or occupier, as the case may be, shall be guilty of an offence for which he shall be liable on summary conviction to a fine not exceeding one hundred pounds, and where any person is convicted of such an offence the court may, in lieu of or in addition to imposing a fine, order that the building in respect of which the offence was committed shall not be occupied or used until the conditions in force under this section are complied with';

(d) subsection (7) were omitted;

(e) subsection (9) were omitted and the following subsections were inserted after subsection (8):—

`(9) In this section the expression "local authority" means a county council, and the expression "the erection of a new building" includes the operations specified in Section twenty-three of the Public Health Acts Amendment Act, 1907, notwithstanding that that Act does not apply to Scotland.

(10) A dean of guild court and any body performing the functions of a dean of guild court may, except as provided in paragraph (a) or paragraph (b) of subsection (1) of this section require as a condition of their approval of the plans for the erection of a new building which, if erected in accordance with the plans, would be a building to which this section applies, the provision and maintenance of such means of entrance and egress, and of such accommodation fir the loading or unloading of vehicles, or picking up and setting down of passengers or the fuelling of vehicles, as may seem necessary to such court or body for preventing or limiting interference with traffic: Provided that any such court or body shall, as soon as may be after such plans as aforesaid are submitted to them, consult the highway authority or such officer of the highway authority as may be nominated by them for the purpose, and the chief officer of police for the district, and the power conferred by this subsection shall not be exercised except after such consultation as aforesaid.'")

Page 24, line 28, leave out ("subsection (1) ") and insert ("subsections (1) and (2)")

Page 24, line 29, at end insert:

("(12) For Section twenty-one the following section shall be substituted:—

`(16) The Minister may hold an inquiry in connection with any matter as to which he is authorised to act under this Act, and the provisions of subsection (1) and (3) of Section ninety-three of the Local Government (Scotland) Act, 1889, shall apply to any such inquiry as they apply to local inquiries held under that section, subject, however, to the following and any necessary modifications:

  1. (a) references to the Minister, and to a person appointed by the Minister shall be respectively substituted for references to the Secretary for Scotland and to a person nominated by a writing under his hand;
  2. (b) references to authorities concerned in the inquiry shall include references to parties to the inquiry;
  3. (c)"five guineas" shall be substituted for "three guineas";
  4. (d) the Minister may make orders as to the costs of the parties to the inquiry and to she parties by whom such costs shall be paid.'")

Page 24, line 31, leave out ("sub-paragraphs (c) and (d) ") and insert ("subparagraph (c) ").

Page 24, line 32, leave out ("sub-paragraphs") and insert ("sub-paragraph").

Page 24, line 36, at end insert ("and").

Page 25, line 16, at end insert (" and the arbiter may, and if so required by any of the parties shall, state in the form of a special case for the opinion of the Court of Session any question of law arising in the course of the arbitration").


My Lords, I should like, if I may, to take all the remaining Amendments down to the Second Schedule en bloc. These are the Amendments dealing with the application of the Bill to Scotland and they are really all of a drafting character. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Earl of Plymouth.)

On Question, Motion agreed to.