§ Part VI:—Breaking open streets, &c.
§ Application of Part VI to highways not maintainable at the public expense.
§ 32.—(1) …
§ (2) In the application of Sections twenty-seven, twenty-eight, thirty and thirty-one of this Part of this Schedule, to a street not maintainable at the public expense, the expression "persons having the control or management" shall be deemed to include the authority by whom the street would be maintainable if it became a highway maintainable at the public expense and, accordingly, any notice required by Section twenty-seven of this Schedule and a copy of the plans referred to in Section twenty-eight thereof shall be served on that authority.
808§ Part VIII:—Supply of water for public purposes.
§ Undertakers to fix and maintain fire-hydrants on pipes.
§ 36. The undertakers shall, at the request of the fire authority concerned, fix fire-hydrants on the pipes belonging to them at such places as may be most convenient for affording a supply of water for extinguishing any fire which may break out within the limits of supply, and shall keep in good order and from time to time renew every such hydrant.
§ VISCOUNT BRIDPORT moved, at the end of subsection (2) in Clause 32, to insert "but the authority shall not take any action under subsection (2) of the last preceding section except at the request and on behalf of the other persons having the control or management of the street, bridge, sewer, drain or tunnel in question." The noble Viscount said: My Lords, subsection (2) of Clause 32 of the First Schedule as it stands in the Bill gives a local authority some control in respect of streets likely to become maintainable by the inhabitants at large—for example, they must receive plans of mains to be laid in the street and have some say as to the manner of carrying out works. The Amendment secures that such control shall not extend to proceedings against a water undertaker except on behalf of the owners of the street, and thus avoids the possibility of actions by two parties in respect of the same offence. I beg to move.
§
Amendment moved—
Page 48, line 9, at end, insert the said words.—(Viscount Bridport.)
§ On Question, Amendment agreed to.
§ VISCOUNT BRIDPORT moved, in Clause 36, to leave out "the pipes belonging to them" and insert "their mains (other than trunk mains within the meaning of that expression as used in Section thirty-four of this Schedule)." The noble Viscount said: My Lords, trunk mains, as defined in Section 34 of the First Schedule, would frequently be quite unsuitable for the fixing of fire hydrants, and it would be inappropriate therefore to place any duty on water undertakers to fix hydrants on these mains. The Amendment would still enable arrangements to be made for fixing hydrants on such mains in suitable cases. I beg to move.
809
§
Amendment moved—
Page 49, line 23, leave out ("the pipes belonging to them") and insert the said new words.—(Viscount Bridport.)
§ On Question, Amendment agreed to.
§ VISCOUNT BRIDPORTMy Lords, the next Amendment with all the subsequent Amendments up to and including the one on page 78, line 20, are all drafting, and with your Lordships' approval I beg to move that these drafting Amendments be agreed to.
§
Amendments moved—
Page 50, line 14, leave out ("streets") and insert ("highways")
Page 54, line 4, leave out from the second ("of") to ("as") in line 6 and insert ("laying, inspecting, repairing, altering, renewing and removing service pipes with any necessary stopcocks and fittings and of breaking open the street for that purpose").
Page 57, line 38, leave out ("by the consumer")
Page 58, line 26, after ("more") insert ("houses or other")
Page 58, line 28, leave out ("building") and insert ("of them")
Page 58, line 29, leave out ("the building") and insert ("it")
Page 61, line 1, leave out ("a water")
Page 64, line 23, leave out ("pipes or other")
Page 66, line 7, leave out ("pipe or other")
Page 66, line 17, leave out ("pipe or other")
Page 66, line 29, leave out ("away")
Page 66, line 29, leave out from ("water") to ("for") in line 30.
Page 68, line 34, after the first ("and") insert ("service")
Page 71, line 5, leave out ("the clear profits of their undertaking") and insert ("revenue")
Page 78, line 20, after ("may") insert ("subject to any express provisions in this Act to the contrary").—(Viscount Bridport.)
§ On Question, Amendments agreed to.
§ Second Schedule [Amendments of the Public Health Act, 1936]:
§
VISCOUNT BRIDPORT moved to insert:
In the proviso to subsection (3) of Section one hundred and twenty-seven the words 'can be drawn off into a receptacle at one point only and' shall be omitted".
The noble Viscount said: My Lords, this Amendment is to bring subsection (3) of Section 127 of the Public Health Act, 1936, into line with this Bill as amended by the Joint Committee. I beg to move.
§
Amendment moved—
Page 81, line 26, at end insert the said words.—(Viscount Bridport.)
§ On Question, Amendment agreed to.
§ Then, Standing Order No. XXXIX having been suspended in pursuance of the Resolution of Monday, July 24:
§ VISCOUNT BRIDPORTMy Lords, I beg to move that this Bill be now read a third time.
§ Moved, That the Bill be now read 3a.—(Viscount Bridport.)
§ On Question, Bill read 3a.
§ An Amendment (Privilege) made; Bill passed, and sent to the Commons.