HL Deb 11 April 1946 vol 140 cc747-50

MINOR AND CONSEQUENTIAL AMENDMENTS.

Enactment amended. Amendments
The Water (Scotland) Act, 1946. (9 & 10 Geo. 6. c..) In relation to local water authorities, the Act shall be amended as follows: In section twenty, in subsection (4) the words "by means of a compulsory purchase order made by them and confirmed," and subsections (5) to (8) shall cease to have effect, and in subsection (9) for the words "to acquire by a compulsory purchase order made" there shall be substituted the words "to purchase compulsorily."

5.48 p.m.

THE LORD CHANCELLOR moved, in the reference to the Water (Scotland) Act, 1946, to leave out "In relation to local water authorities, the Act shall be amended as follows." The noble and learned Lord said: This is an Amendment which relates to the Water (Scotland) Act, 1946. We have got it rather wrong, because, I am told, in Scotland there are no water authorities at all except local water authorities, and therefore we need not start by saying "in relation to local water authorities." We can start quite generally because there is nothing else. The second point is that we have used in those succeeding lines words which, though they are not quite apt to Scotland, according to the Scottish draftsman, do not alter the substance but just specify Scottish phraseology.

Amendment moved— Page 37, line two, leave out ("In relation to local water authorities, the Act shall be amended as follows").—(The Lord Chancellor.)

On Question, Amendment agreed to.

5.50 p.m.

THE LORD CHANCELLOR had given Notice of an Amendment, in the reference to the Water (Scotland) Act, 1946, to leave out "subsections (5) to (8) shall cease to have effect, and in subsection (9) for the words 'to acquire by a compulsory purchase order made' there shall be substituted the words 'to purchase compulsorily.'" and insert: the words 'under this section' and subsections (5) to (8) shall cease to have effect, and for subsection (9) there shall be substituted the following subsection— (9) A local water authority may be authorized by the Secretary of State to purchase compulsorily, or may acquire by agreement, land for giving in exchange for land belonging to the National Trust for Scotland for Places of Historic Interest or Natural Beauty which is inalienable under Section twenty-two of the Order confirmed by the National Trust for Scotland Order Confirmation Act, 1935, or for any land forming part of a common or open space, which they are authorized under this section to purchase compulsorily.

The noble and learned Lord said: I beg to move.

Amendment moved— Page 37, leave out lines 7 to 11, and insert the said new words.—(The Lord Chancellor.)

VISCOUNT ELIBANK

May I ask the noble and learned Lord Chancellor to give some explanation of that because I do not quite know what the effect of it is?

THE LORD CHANCELLOR

I have tried to give an explanation and I will try again. This is a matter of Scottish law with which I am rather unfamiliar. May I read what is before me? Investigation made since the provisions of the Fourth Schedule amending the Water (Scotland) Act, 1946, were added to the Bill upon that Act receiving the Royal Assent, has disclosed that there are no statutory water undertakers in Scotland who will require to invoke Section 20 of the Water (Scotland) Act, or the corresponding provisions of the Fourth Schedule thereto, for the purpose of compulsorily acquiring land.

The first Amendment accordingly removes the limiting words at the beginning of the provisions amending the Water (Scotland) Act in the Fourth Schedule of the Bill on page 37. Consequently, provision is made by the second Amendment for amending Section 20 of the Act by rewriting sub-section (9), which, authorizes the acquisition of other land to be given in exchange for National Trust land or commons or open spaces, purchased under Section 20.

VISCOUNT ELIBANK

I am much obliged to the noble Lord. I understood that this was a new Amendment, but apparently it is an Amendment from an existing Act.

On Question, Amendment agreed to.

The LORD CHANCELLOR

In view of the fact that the Police Bill to which the next Amendment refers has not yet been received back from the House of Commons I do not propose to move that Amendment to-day. It is hoped that the Police Bill will be ready to receive the Royal Assent on Monday next, April 15, and I therefore propose leaving this Amendment until the Report stage of the Bill which will be taken on Monday after the Royal Commission.

Fourth Schedule, as amended, agreed to.

Fifth Schedule agreed to.

Sixth Schedule [Enactments repealed]:

The LORD CHANCELLOR moved to insert:

The Water (Scotland) Act, 1946. 9 & 10 Geo. 6. c. 42. In Section twenty, in subsection (4) the words "by means of a compulsory purchase order made by them and confirmed", and the words "under this section", aid subsections (5) to (8). The Second Schedule.
In the Fourth Schedule, in Section seven, in subsection (1) the words "by means of a compulsory purchase order made by the undertakers and confirmed" and (he words "order made."

The noble and learned Lord said: This Amendment is consequential on the two Amendments on page 37. I beg to move.

Amendment moved— Page 41, line 23, at end insert the said new paragraphs.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Sixth Schedule, as amended, agreed to.