HL Deb 15 August 1940 vol 117 cc240-4

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Moyne.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Clause 1 agreed to.

Clause 2:

Improvement of grass ways over fen-lands.

2.—(1) Where work for the improvement of a way (not being a highway repairable by the inhabitants at large) over fen-land in an internal drainage district has been done under the authority of the Minister in the exercise of powers conferred by Defence Regulations, the following provisions of this section shall have effect as to—

(3) A notice served for the purposes of the last preceding subsection shall specify the sum which the owner on whom it is served is required to pay and the part of the land aforesaid in respect of which he is required to pay it, and that sum shall not exceed—

  1. (a) the amount by which the value for agricultural purposes of the specified part of the land aforesaid will be increased by the doing of the work; or
  2. (b) the same proportion of the said expenses as the amount aforesaid bears to the amount by which the value for agricultural purposes of all the land aforesaid will be increased by the doing of the work.

(8) The Minister may, at any time after the completion of the work, make an order requiring the internal drainage board of the internal drainage district in which the land over which the way runs is situated to maintain the work done, and, where such an order is made, it shall be the duty of the board to maintain the work unless and until the requirement is revoked by a subsequent order made by the Minister.

(11) In this section— the expressions "internal drainage district" and "internal drainage board" have the meanings assigned to them respectively by Section eighty-one of the Land Drainage Act, 1930; and

THE JOINT PARLIAMENTARY SECRETARY OF THE MINISTRY OF AGRICULTURE AND FISHERIES (LORD MOYNE) moved, in subsection (1), after "district", to insert ", or for the drainage of such fen-land,". The noble Lord said: This Amendment is to provide that drainage can be made a charge under Clause 2 as well as the actual making up of a highway. As ratepayers can already be charged with drainage it would appear that the two purposes should be included in this clause.

Amendment moved— Page 2, line 17, after ("district") insert (", or for the drainage of such fen-land,").—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE moved, in subsection (3), after "exceed", immediately preceding paragraph (a) to insert "either of the following limits, that is to say". The noble Lord said: This Amendment is intended to carry out a promise which I made the other day that, if there was any doubt that the owner would get the benefit of whichever was the more favourable of these two methods of estimating benefit, it should be made quite clear at this stage.

Amendment moved— Page 2, line 40, at end insert ("either of the following limits, that is to say").—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE

The next Amendment is consequential. I beg to move.

Amendment moved— Page 2, line 43, leave out ("or").—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE moved, in subsection (8), after "runs," to insert ", or the land comprising the drainage works, as the case may be,". The noble Lord said: The Bill already provides that there should be a charge for drainage works and this Amendment is consequential on that decision. It provides that not merely the capital cost of these works should be covered but also their maintenance.

Amendment moved— Page 4, line 20, alter ("runs") insert (", or the land comprising the drainage works, as the case may be,").—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE moved to insert after subsection 8: (9) Any question as to whether the internal drainage board have failed to perform a duty imposed upon them under the last preceding subsection shall be decided by the Minister, and the Minister may, if he is satisfied that they have so failed, give such directions to the board as he thinks fit as to the steps to be taken to remedy the failure, and compliance with any such directions shall be enforceable, on the application of the Minister, by mandamus. The noble Lord said: Under this subsection drainage boards can be compelled to carry out the orders of the Minister by mandamus. They are obviously the only authority suitable to undertake these duties in connection with these roads and this Amendment is to secure that there shall be no deadlock.

Amendment moved— Page 4, line 24, at end insert the said new subsection.—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE moved to insert after subsection (9): (10) In determining for the purposes of this section whether, and the amount by which, the value for agricultural purposes of any land will be increased by the doing of the work, due regard shall be had to the provisions of the three last preceding subsections. The noble Lord said: This new subsection requires the arbitrator, in determining whether the value of the land will be increased by the works, to take into account the fact that the owner of the land will be liable to pay for the upkeep of the works after they are completed.

Amendment moved— Page 4, line 30, at end insert the said new subsection.—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE

The next Amendment is merely to secure a definition.

Amendment moved— Page 4, line 37, after ("expressions") insert ("'drainage,'").—(Lord Moyne.)

On Question, Amendment agreed to.

LORD MOYNE moved to omit "and" at the end of the first paragraph in subsection (11), and insert "the expression 'fen-land' shall be construed generally and not as limited to land in that part of England commonly known as 'the Fens'; and." The noble Lord said: This Amendment is to put into the Bill a wider definition of "fen-land" than that contained in the dictionary as merely applicable to the Eastern counties. At the same time I would say that there is no idea of using these powers except in certain special areas, such as Sedgemoor and the Essex marshes, where there are large tracts of semi-derelict land which are suitable for a scheme of considerable size under this Bill.

Amendment moved— Page 4, line 41, leave out ("and") and insert ("the expression 'fen-land' shall be construed generally and not as limited to land in that part of England commonly known as 'the Fens'; and").—Lord Moyne.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

LORD MOYNE moved, after Clause 2, to insert the following clause:

Restriction of remedies conferred by Local Acts for recovery of drainage rates.

"3. Notwithstanding anything in any Local Act, or in subsection (5) of Section thirty-one of the Land Drainage Act, 1930 (which contains a saving for the powers conferred by any Local Act in relation to arrears of drainage rates), no distress for arrears of any rate made under the said Act of 1930 shall be levied after the commencement of this Act on the goods or chattels of any person other than a person from whom the arrears may be recovered by virtue of subsection (1) of the said Section thirty-one, and no proceedings, whether by action or otherwise, for the enforcement of any charge on land for securing payment of arrears of any such rate created by any Local Act shall be commenced after the commencement of this Act."

The noble Lord said: This new clause is intended to remove a difficulty which has arisen in certain areas owing to rating powers having remained under certain old Acts which enable rates to be claimed from the present occupier and not merely from the occupier who held the land when the liability to rating arose. In consequence of these liabilities for arrears of rates much of the land is now derelict. It is to remove this ancient liability and to put these drainage rates on the same basis as the drainage rates in the majority of areas—and indeed under rating authorities generally—that it is proposed that this new clause should be inserted.

Amendment moved— After Clause 2 insert the said new clause.—(Lord Moyne).

On Question, Amendment agreed to.

Clauses 3 to 8 agreed to.

Clause 9 [short title, interpretation, and extent]:

LORD MOYNE

There is a drafting Amendment to this clause. I beg to move.

Amendment moved— Page 9, line 21, leave out ("and two") and insert ("to three").—(Lord Moyne.)

Clause 9, as amended, agreed to.

Then, Standing Order No. XXXIX having been suspended, Amendments reported: Bill read 3ª, with the Amendments, and passed, and returned to the Commons.