WATER BILL. [H.L.] (Hansard, 16 March 1948)

§ LORD HENDERSON

My Lords, your Lordships will have noticed that this Bill has been substantially amended in another place. I ought to say at the outset that none of these Amendments proved to be contentious; they were, without exception, agreed without a Division and welcomed from all sides as being in conformity with the intentions of the Bill—that is to say, as improving the procedure by which powers are obtainable for the carrying on of water undertakings. The Amendments fall broadly into two categories: those which are intended to enable water undertakers to obtain all the necessary powers in one stage and by one order instead of as hitherto in a succession of stages; and those which amend sections of the Act which have been found to be defective in certain respects.

In the former category are the Amendments to Clause 2, the new clause which follows that clause, the omission of Clause 3, paragraph (a) of the new subsection (7) to Clause 10 and the new Schedule. 852 These Amendments are necessary because it was found possible, after further consideration, to combine the procedure for the formation of new undertakings and joint boards, the acquisition of water rights and the other matters originally covered by Clause 2 of the Bill, with the procedure for the compulsory acquisition of land which was, as your Lordships will remember, originally a matter for separate procedure by separate order under Clause 3 of the Bill. It was thought at one time that orders for the compulsory acquisition of land could not be combined with orders for the matters covered by Sections 9 and 23 of the principal Act because they had to be made under different codes and by different methods, but as a result of further consideration these difficulties have been overcome.

I would stress that the new Schedule, which seems on the face of it to be a formidable provision, simply applies in detail—to conform with the general desire to avoid legislation by reference—the existing procedure governing the compulsory acquisition of land by water undertakers, to orders that will be made under Section 23 or Section 9 of the principal Act, if they include powers for the compulsory acquisition of land. In particular, it preserves the existing rights conferred upon owners and occupiers in regard to notices of orders, advertisements, the making of objections and local inquiry where objection is made on grounds other than that of price. The protection afforded for special categories of land, including land belonging to local authorities, statutory undertakers and the National Trust, and ancient monuments, common lands and open spaces, is also preserved.

In the latter category are the two clauses following Clause 5, which enable water undertakers to satisfy themselves that restrictions on the use of water are being observed and will facilitate the furnishing of abstracts of accounts for water companies to local authorities in their limits of supply; the new clause after Clause 6 which follows the Local Government Bill by enabling water undertakers to pay subscriptions to associations of water undertakers; the new clause after Clause 7, which amends certain provisions of the Third Schedule of the principal Act; the new subsection to Clause 8 which 853 will enable the Minister to afford protection for existing supplies if a local authority is authorised to construct works for the abstraction of water from underground; and the new subsection (3) of Clause 10 which brings Section 33 of the principal Act into line with Section 23 by enabling the Minister to vary compensation water provisions when all parties affected are in agreement.

With this explanation of the broad principles of the Amendments, and with the assurance that the Amendments all conform with the underlying principle that the Bill is intended to be a non-contentious measure for simplifying the machinery whereby water undertakers can obtain new powers and can carry on their undertakings, I trust that your Lordships may consider it convenient that the Amendments should be moved formally without a detailed explanation. On the other hand, if your Lordships prefer it, I am quite ready to explain each Amendment as it is taken. I will only add that, if my first suggestion is approved and the noble and learned Viscount the Lord Chancellor submits the Amendments in order, I will, of course, do my best to answer any question that may be raised on any particular Amendment. I move that the Commons Amendments be now considered.