HL Deb 30 June 1937 vol 105 cc960-1

Clause 4, page 4, line 38, after ("if") insert ("any").

Page 5, line 12, after ("period") insert: ("and (c) (where the trade effluent was at any time within the said period discharged into the sewer under an agreement between the local authority and the owner or occupier of the trade premises, being an agreement which was in force at the end of the said period but has thereafter ceased to be in force) the owner or occupier of those premises makes to the local authority, in accordance with the terms of the agreement, such payments (if any) in respect of the reception of the trade effluent into the sewer as he would have been obliged to make under that agreement if it were still in force.

(2) Where, in relation to any premises having a drain or sewer communicating with a public sewer or a cesspool, the local authority, acting in pursuance of Section forty-two of the principal Act have, whether before or after the commencement of this Act, closed that drain or sewer (hereinafter referred to as 'the old drain or sewer') and provided in lieu thereof another drain or sewer (hereinafter referred to as 'the new drain or sewer') communicating with a public sewer, the consent of the local authority to the discharge of any trade effluent through the new drain or sewer into the public sewer with which it communicates shall not be necessary for the purposes of this Act—

  1. (a) if, at some time during the period of one year immediately before the date on which the old drain or sewer was so closed, any trade effluent of the same nature or composition as that of the trade effluent in question was lawfully discharged through the old drain or sewer into the public sewer or the cesspool, as the case may be, with which it communicated; and
  2. (b) if and so long as—
    1. (i) the quantity of the trade effluent which, on any one day, is discharged through the new drain or sewer into the public sewer with which it communicates does not exceed the maximum quantity of the trade effluent which, on any one day during the said period, was discharged through the old drain or sewer into the public sewer or the cesspool, as the case may be, with which it communicated, or (where, immediately before it was so closed, the old drain or sewer communicated with a cesspool) does not exceed such greater quantity, if any, as may be substituted for the said maximum quantity by agreement between the local authority 961 and the owner or occupier of the trade premises or, in default of such agreement, by order of the Minister, and
    2. (ii) the rate at which the trade effluent is discharged through the new drain or sewer into the public sewer with which it communicates is not higher than the highest rate at which the trade effluent was, during the said period, discharged through the old drain or sewer into the public sewer or the cesspool, as the case may be, with which it communicated.")

VISCOUNT GAGE

My Lords, the first Amendment is purely drafting, and, although that upon line 12 is a very long one, its effect can be shortly stated. The first part safeguards the financial arrangements of existing agreements which might be unfairly prejudiced by the original wording of the clause, and the second part removes any financial liability from a trader by reason of action taken by an authority under the Bill. I beg to move that we agree with the Commons Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(Viscount Gage).

On Question, Motion agreed to.