§ [The references are to Bill No. 79 as first printed for the House of Commons.]
§ Clause 2, page 2, line 44, at end insert ("and in relation to such an order, the last foregoing subsection shall have effect as if, for the reference to the Minister, there were substituted a reference to the Ministers concerned")
§ Clause 2, page 4, line 3, leave out from ("section") to the first ("the") in line 6
§ Clause 2, page 4, line 25, leave out ("the last foregoing definition") and insert ("this subsection")
§ Clause 3, page 5, line 26, leave out from ("Scotland") to ("for") in line 28.
970§ Clause 5, page 6, line 37, after ("work") insert ("and containing a sufficient indication of the effect of subsection (3) of this section")
§ Clause 5, page 6, line 38, at end insert (", and shall serve a like notice on any river board or other drainage authority in whose area any of the work is to be carried out")
§ Clause 5, page 6, line 41, after ("such") insert ("other")
§ Clause 5,page 7, line 5, leave out from ("proposal") to the end of line 9.
§ Clause 5, page 6,line 11, after ("withdrawn") insert (",and the ground of objection is that the proposed work will be detrimental to the protection of any land specified in the notice, or- will interfere with the exercise by the objector of his functions under any enactment other than this Act,")
§ Clause 7, page 9, line 43, leave out ("levied")
§ Clause 7, page 9,line 45, leave out from ("if") to the first ("that") in line 1 on page 10, and insert ("on any such arbitration it is determined")
§ Clause 7,page 10, line 5, leave out ("by the arbitrator or arbiter") and insert ("on the arbitration")
§ Clause 8, page 10, line 27, leave out ("and")
§ Clause 8, page 10, line 28, after ("hours,") insert ("and containing a sufficient indication of the effect of subsection (3) of this section")
§ Clause 8, page 10,line 32, after ("out") insert ("on any river board or other drainage authority in whose area any of the work is to be carried out")
§ Clause 8,page 11, line 2, leave out from the first ("scheme") to the end of line 19.
§ Clause 8,page 11, line 20, leave out from ("under") to ("and") in line 21, and insert ("the last foregoing subsection")
§ Clause 8,page 11,line 21, after ("withdrawn") insert ("and the ground of the objection is—
- (a) that the work provided for by the scheme, or any part thereof, is unnecessary;
- (b) that the carrying out thereof in the manner provided by the scheme would cause hardship to the objector;
- (c) that the land indicated by the scheme as contributory lane includes land which ought not to be so indicated or does not include land which ought to he so indicated;
- (d) in the case of a scheme which specifies the persons by whom coast protection charges are to be paid as mentioned in paragraph (a) of subsection (4) of the last foregoing section, that any other provision of the scheme as to such charges is inequitable or unduly onerous; or
- (e) that the work provided for by the scheme will be detrimental to the protection of any land specified in the notice of objection, or will interfere with the exercise by the objector of his functions under any enactment.")
§ Clause 8,page 11, line 45, leave out ("subsections (3) and (4)") and insert ("subsection (3)")
§ Clause 8, page 12, line 20, leave out from ("and") to the end of line 23 and insert ("any person on whom notice is served as aforesaid 971 may object to the proposed modification, and the provisions of subsections (3) and (5) of this section as to the service of notices of objection and the determination of objections shall, so far as applicable, apply accordingly with the substitution, for references to the scheme, of references to the proposed modification.")
§ Clause 10, page 14, line 19, after ("may") insert (",at any time after it has fallen due,")
§ Clause 10, page 14, line line 37, at end insert—
§ ("(5) The making of an order under the said subsection (2) as respects a coast protection charge shall not prevent the charge from being discharged at any time by the payment to the coast protection authority of the unpaid balance of the charge together with any accrued interest thereon.")
§ Clause 10, page 14, line 39, leave out from ("mortgage") to end of line 40, and insert ("then, at any time while")
§ Clause 10, page 14, line 42, leave out ("instalment") and insert ("any instalment in respect thereof for the time being due and remaining unpaid")
§ Clause 10, page 14, line 44, leave out ("the") and insert ("a")
§ Clause 10, page 14, line 45, leave out ("payable") and insert ("due and remains unpaid")
§ Clause 10, page 15, line 20, at end insert—
§ ("(9) References in this section to the payment or recovery of an instalment in respect of a coast protection charge shall be construed as including references to the payment or recovery, as the case may he, of any accrued interest in respect of the charge.")
§ Clause 12, page 17, line 7, leave out ("to which this section applies")
§ Clause 12, page 17, line 8, leave out from ("may") to ("without") in line 9 and insert ("take all necessary steps for repairing them")
§ Clause 12, page 17, line 12, at end insert—
§ ("(4) Nothing in this section shall authorise a coast protection authority to carry out any work of maintenance or repair on works which the British Transport Commission, or an Executive established by or under section five of the Transport Act, 1947, have for the time being power to maintain.")
§ Clause 13, page 17, line 17, leave out ("is in force under this section") and insert ("under this section has come into operation,")
§ Clause 13, page 17, line 32, after ("jurisdiction") insert ("on any one or more of the following grounds, that is to say")
§ Clause 13, page 17, line 43, after ("that") insert ("any of")
§ page 18, line 12, after ("make") insert ("such one or more of the following orders as may appear to the court to be appropriate, having regard to the grounds of the complaint, that is to say")
§ Clause 13, page 17, Line 21, after ("that") insert ("any of")
§ Clause 13, page 17, line 35, leave out ("to be carried out") and insert ("for which provision is made by the scheme;")
§ Clause 13, page 17, line 45, after the first ("that") insert ("any of")
972§ Clause 13, page 18, line 47, at end insert ("and the reference in subsection (1) of section eight of this Act to subsection (3) of that section shall be construed accordingly")
§ Clause 15, page 20, line 5, leave out subsection (1), and insert—
§ ("(1) No person shall be liable, by reason only that he is subject to an obligation to which this section applies, to maintain or repair any works being either works constructed, altered or improved under a works scheme or works for whose maintenance or repair provision is made by a scheme under section thirteen of this Act.
§ (2) This section applies to any obligation to carry out coast protection work to which a person would be subject by reason of tenure, custom, prescription or otherwise if this Act had not been passed.
§ (3) Subject to the provisions of subsection (1) of this section, nothing in this Part of this Act shall operate to release any person from any obligation to which this section applies.")
§ Clause 16, page 20, line 35, leave out ("this") and insert ("the next following")
§ Clause 16, page 21, line 18, leave out subsection (5).
§ After Clause 16, insert the following new clause:
§ Notification to coast protection authority of coast protection work to he carried out by certain authorities.
§ (".—(1) Subsection (I) of section sixteen of this Act shall not apply to the carrying out of work
- (a) by a coast protection authority;
- (b) by any body or person upon whom any powers or duties relating to the protection of land have been conferred or imposed by or under any enactment other than this Act;
- (c) by a highway authority for the protection of a highway;
- (d) by the British Transport Commission, or an Executive established by or under section five of the Transport Act, 1947, for the protection of a railway; or
- (e) by a harbour authority.
§ (2) Work excluded from the operation of the last foregoing section by virtue only of paragraphs (b) to (e) of the last foregoing subsection shall not be carried out except in accordance with the following provisions of this section; and any body or person who contravenes the provisions of this subsection shall be guilty of an offence under this Act.
§ (3) Before carrying out any such work as aforesaid the body or person in question (in this section referred to as 'the undertakers') shall give to the coast protection authority in whose area the work is to be carried out, to any coast protection authority whose area adjoins that area, and to any river board or other drainage authority whose area comprises the whole or any part of that area, not less than twenty-eight days' notice of their intention in that behalf, specifying the work 973 to be carried out; and where notice is so given—
- (a) the undertakers shall not carry out the work before the expiration of the notice; and
- (b) if before the expiration of the notice any authority or hoard to whom the notice has been given serves notice of objection on the Minister and on the undertakers, the undertakers shall not (unless the objection is withdrawn) carry out the work except in accordance with any direction given under the following provisions of this section.
§ (4) Where notice of objection has been served under the last foregoing subsection and has not been withdrawn, the Minister and any other Minister being a Minister concerned, after affording to the undertakers and to the objectors and, if the objectors are not the coast protection authority in whose area the work is to be carried out, to that authority, an opportunity of being heard by a person appointed by the said Ministers for the purpose, shall determine the objection.
§ (5) Where an objection has been determined under the last foregoing subsection, the appropriate Minister shall either direct that the undertakers shall be at liberty to carry out the work (whether as specified in the notice given by them under subsection (3) of this section or subject to such modifications or conditions as the appropriate Minister may think fit, having regard to the determination of the objection as aforesaid) or shall direct the undertakers not to carry out the work.
§ (6) A coast protection authority in England or Wales shall have power to institute proceedings for a contravention of subsection (2) of this section.
§ (7) Nothing in this section shall prevent any body. or person from carrying out, without the provisions of this section having been complied with, any coast protection work which appears to them or him to be urgently necessary for the protection of any land; but where any work is so carried out, being work to which subsection (2) of this section applies, the undertakers shall, before or as soon as possible after the commencement of the work, give to the coast protection authority in whose area the work is carried out notice of the nature of the work.
§ (8) In this section the expression 'the appropriate Minister' in relation to a notice of objection served under subsection (3) thereof,—
- (a) if the undertakers are a body or person mentioned in paragraph (b) of subsection (1) of this section means any Minister concerned with the exercise by that body or person of their or his functions under the relevant enactment;
- (b) if the undertakers are a harbour authority for a harbour to which the Fishery Harbours Act, 1915, applies, means the Minister of Agriculture and Fisheries; and
- (c) in any other case, means the Minister of Transport;
§ (9) For the purposes of subsection (4) of this section, a Minister shall be deemed to be a Minister concerned if he is the appropriate Minister or, in a case where the notice of objection was served by a river board or other drainage authority and the appropriate Minister is not the Minister of Agriculture and Fisheries, if he is the appropriate Minister or the Minister of Agriculture and Fisheries.
§ (10) In the application of this section to Scotland, paragraph (b) of the last but one foregoing subsection shall have effect as if for the words from 'to which the Fishery Harbours Act' to the end of the paragraph there were substituted the words principally used by the fishing industry, means the Minister; and'")
§ Clause 17, page 21, line 28, leave out from ("than") to the end of the line.
§ Clause 19, page 24, line 28, leave out ("such") and insert ("a")
§ Clause 19, page 24, line 28, after ("expenditure") insert ("of such amount and payable at such time")
§ Clause 19, page 24, line 30, at end, insert ("subject to the following provisions of this section")
§ leave out lines 31 to 38, and insert—
§ ("(2) The amount determined by the Minister under the last foregoing subsection of a contribution towards any expenditure shall not, without the consent of the county council—
- (a) exceed the amount of the grant which the Minister has made, or has undertaken to make, under the next following section towards that expenditure, or
- (b) be such that the amount of the contribution, together with the amount of any other contributions which, by virtue of any agreement or determination made under the last foregoing subsection, the county council have paid or have become liable to pay (whether to the same county district council or to any other such council) in the same financial year, exceeds the product of a rate of one penny in the pound levied over the whole county;
§ Provided that in the ease of a contribution determined by the Minister to be of a capital nature, paragraph (b) of this subsection shall apply as if the amount thereof were the amount so determined to be the annual amount which would have to be provided for the payment of principal and interest in respect of a loan, made by the Public Works Loan Commissioners to the council and repayable by twenty equal annual instalments of principal and interest combined, being a loan of an amount equal to the actual amount of the contribution; and where this proviso has effect, then for the purposes of the said paragraph (b) (but not for any other purpose) the council shall be deemed to have become liable as aforesaid to pay, in each of the next nineteen financial years, a contribution of the amount determined as aforesaid.
§ (3) So much of any contribution as is agreed between the county council and the county district council to be attributable to the protection of any highway for which the council 975 was the highway authority when the relevant expenditure was incurred, or in default of such agreement so much thereof as is determined by the Minister to be so attributable, shall be disregarded for the purposes of the last foregoing subsection.")
§ Clause 19, page 25, line 38, at end insert—
§ ("() Subject to such conditions as aforesaid the Minister may make grants to the Seaford Urban District Council for the provision of funds for meeting expenditure incurred by the Commissioners for the Newhaven and Seaford Sea Defence Works.")
§ Clause 19, page 25, line 40, leave out ("the last foregoing subsection") and insert ("subsection (1) of this section")
§ Clause 22, page 26, line 37, leave out ("three") and insert ("fourteen")
§ Clause 23, page 26, line 45, leave out from ("to") to first ("Rules") in line 47, and insert ("the Lands Tribunal. (2)")
§ Clause 23, page 27, line 1, leave out ("that Act,") and insert ("the Acquisition of Land (Assessment of Compensation) Act, 1919")
§ line 2, leave out from ("acquisition)") to ("shall,") in line 4.
§ Clause 23, Page line 4, leave out ("this subsection but,") and insert ("any such arbitration.
§ (3) For the purposes of any such arbitration section five of the said Act of 1919 (which relates to costs) shall have effect.")
§ Clause 23, Page line 5, leave out ("in the said section five")
§ Clause 23, Page line 8, leave out subsection (2), and insert—
§ ("(4)This section shall apply to Scotland with the substitution for the words 'the Land Tribunal' in subsection (1) thereof of the words 'the Lands Tribunal for Scotland':
§ Provided that until sections one to three of the Lands Tribunal Act, 1949, come into force as respects Scotland the expression the Lands Tribunal for Scotland' shall be construed as meaning an official arbiter appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and the following provisions of the said Act of 1919 that is to say, section three thereof (which relates to procedure), section five thereof (which relates to costs) as modified by sections five and ten of the said Act of 1949, but with the substitution for references to the acquiring authority of references to the coast protection authority, and section six thereof (which relates to the statement of special cases) modified by section ten of the said Act of 1949, shall apply for the purposes of the arbitration.")
§ Clause 24, page 27, line 36, leave out ("of entry")
§ Clause 24, page 28, line 17, at end insert—
§ ("(6) Any power of entry conferred by paragraph (a) or (b) of subsection (1) of this section shall include power to authorise the entry or passage of such persons, vehicles, plant and materials as may be necessary, and 976 to authorise the carrying out of work for facilitating their passage.")
§ Clause 24, page 28, line 22, leave out ("of entry or inspection conferred by,") and insert ("conferred by or under")
§ Clause 24, page 28, line 23, at end insert—("() If—
- (a) any person who in compliance with the provisions of this Act or of a warrant issued thereunder is admitted into a factory or workplace discloses, otherwise than in the performance of his duty, to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or
- (b) any member or officer of a coast protection board to whom by reason of his official position, any information obtained as aforesaid is disclosed, discloses, otherwise than in the performance of his duty, that information to any person;
§ After Clause 25, insert the following new clause:
§ Acquisition by coast protection authority of right of passage for facilitating coast protection work
§ (".—(1) Where, for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, it appears to a coast protection authority necessary to obtain a right of passage over other land, the authority may, by agreement or compulsorily, secure the creation of such a right in their favour either in perpetuity or for such term (whether fixed or determinable by notice) as they consider requsite.
§ (2) In this section the expression 'right of passage' means a right of passage for persons, vehicles, plant and materials, and includes a right to carry out work for facilitating their passage.
§ (3) The provisions of the Lands Clauses Acts as to the acquisition of land by agreement or compulsorily, the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, the Acquisition of Land (Authorisation Procedure) Act, 1946, and the Lands Tribunal Act. 1949. and the provisions of this Act relating to the acquisition of land, shall with such adaptations, exceptions and modifications as may be prescribed by regulations made by the Minister apply to securing the creation of such rights as aforesaid as they apply to the acquisition of land.
§ (4) Without prejudice to the generality of the last foregoing subsection, regulations there-under may provide—
- (a) in the case of rights created for a term, for the payment of compensation either in one sum or periodically, or partly in one way and partly in the other;
- (b) for authorising or requiring the coast protection authority to carry out such measures for reinstating the land as may be specified by or under the regulations, and for adjusting compensation accordingly.
§ (5) A coast protection authority may acquire by agreement, whether by way of purchase, feu, lease or exchange, any land required by them for providing convenient access to land on which any coast protection work has been or is proposed to be carried out, or may purchase any land required by them as aforesaid compulsorily in accordance with the provisions of subsection (1) of section fourteen of this Act,
§ (6) In the application of this section to Scotland, for any reference to the Acquisition of Land (Authorisation Procedure) Act, 1946, there shall be substituted a reference to the Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947.")
§ Clause 26, page 28, line 45, after ("or,") insert ("across whose land it is reasonably necessary")
§ page 29, line 1, after ("out,") insert ("to exercise the like rights as can be created in favour of a coast protection authority under section (Acquisition by coast protection authority of right of passage for facilitating coast protection work) of this Act")
§ Clause 26, page 28, line 3, leave out ("enter upon that land,") and insert ("exercise such rights")
§ Clause 26, page 28, line 14, at end insert ("or across which the rights in question are required to be exercised")
§ Clause 26, page 28, line 20, after ("entered,") insert ("or across which the said rights are required to be exercised")
§ Clause 26, page 28, line 36, after ("land,") insert ("or exercise the said rights")
§ Clause 28, page 31, line 29, leave out from ("Act") to ("as") in line 30, and insert ("shall make such provision (if any) as the Minister may require")
§
Clause 26, page 28, line 32, at end insert—
("(2) References in the last foregoing subsection to an order constituting a coast protection board and to an agreement setting up a joint committee shall be construed respectively as including references to an order and an agreement varying the constitution of such a board or committee, as the case may be.")
§
Clause 26, page 28, line 37, at end insert—
("(b) in relation to an order or agreement varying the constitution of such a board or committee, the board or committee, the constituent or appointing authorities, and any authority which on the variation taking effect will be one of the constituent or appointing authorities.")
§ Clause 31, page 33, line 37, leave out ("charge,") and insert ("discharge")
§ Clause 33, page 36, leave out lines 1 to 6.
§
Clause 37, page 37, line 40, at end insert—
("(2) Section twenty-two of the said Act of 1866 (which confers on persons interested in certain mines and quarries power, on giving notice, to make use of the foreshore in order to carry out certain operations) shall as from the appointed day be amended by the substitution—
§ (3) Any notice given under the said section twenty-two before the appointed day shall thereafter have effect as if it had also been given to the Commissioners of Crown Lands.")
§ Clause 40, page 38, line 17, leave out from ("The,") to ("shall,") in line 19, and insert ("following authorities, that is to say—
- (a) the council of every borough in England or Wales having functions under this Act,
- (b) every coast protection board, and
- (c) every joint committee appointed under subsection (1) of section three of this Act, not being a committee in whose case all the appointing authorities are authorities in Scotland.")
§ Clause 40, page 38, line 20, leave out ("such functions,") and insert ("functions under this Act")
§ Clause 43, page 39, line 34, after ("by,") insert ("or under")
§ Clause 43, page 39, line 36, at end insert ("or to the creation of such rights as are mentioned in section (Accuisition by coast protection authority of right of passage for facilitating coast protection work) of this Act.")
§ Clause 45, page 41, line 8, at end insert ("and is to be carried out on the area of that coast protection board.")
§ Clause 47, page 41, line 29, at end insert ("'coast protection charge' has the meaning assigned to it by section six of this Act.")
§ Clause 47, page 41, line 33, at end insert ("and includes the sowing or planting of vegetation for the said purpose.")
§ Clause 47, page 41, line 36, at end insert ("constituent authority,' in relation to a coast protection board, means a body or person represented on the board by virtue of an order made under section two of this Act.")
§ Clause 47, page 42, line 12, leave out ("growing seaweed") and insert ("turf")
§ Clause 47, page 41, line 13, leave out ("drift")
§ page 45, leave out lines 27 to 30.
§ leave out lines 35 to 39, and insert—
§ ("3.—(1) In the case of an order which by virtue of the provisions of this Act is required to be made jointly by the Ministers concerned, references in the foregoing paragraphs to the Minister shall be construed as references to, the Ministers concerned.
§ (2) Where, in the case of an order not falling within the last foregoing subparagraph, objection to the draft order is duly made by a body mentioned in paragraphs (b) to (d) of paragraph 1 of this Schedule, the last foregoing paragraph shall have effect as if it required the objection to he considered, and authorised a local inquiry to be promoted, by 979 the Ministers concerned instead of by the Minister.")
§ Clause 47, page 47, line 14, leave out ("2"), and insert ("3")
§
Clause 47, page 47, line 14, leave out line 16, and insert—
("(2) Where, in the case of an order not falling within the last foregoing subparagraph, objection to the draft order is duly made,")
line 20, leave out from ("of") to the end of line 23, and insert ("paragraph 1 of this Schedule, the last foregoing paragraph shall have effect as if it required the objection to be considered, and authorised a local inquiry to be promoted, by the Minister and the Minister of Transport, instead of by the Minister")
§
Second Schedule, page 48, line 28, after ("Act,") insert ("or
(b) by any person having an interest, right or privilege conferred on him by any local or private Act, on the ground that any such interest, right or privilege of his specified in the objection would be affected by the order,")
§ Clause 47, page 49, line 17, after ("area") insert ("or lying to seaward there-from")
§ Clause 47, Page 49, line 43, leave out ("confirmation,") and insert ("coming into operation").
Fourth Schedule, page 51, line 13, after ("Blyth,") insert ("Northumberland")
§ Clause 47, page 47, line 16, leave out from ("drawn.") to end of line 17, and insert ("across The Narrows from Lloyd's Hailing Station to the Commissioner's Staiths")
§ Clause 47, page 47, line 29, leave out ("southern boundary of,") and insert ("northern boundary of the parish of Wain-fleet Saint Mary in")
§ Clause 47, page 47 line 36, after second ("the,") insert ("old")
§ page 52, line 8, leave out from ("above,") to end of line, and insert ("the confluence of Stonar Cut and Flagstaff Reach")
§ Clause 47, page 47 line 16, leave out ("breakwater,") and insert ("pier")
§ Clause 47, page 47 line 25, after ("50° 47,") insert ("30"")
§ Clause 47, page 47 line 34, after ("Stour,") insert ("(Hampshire)")
§ Clause 47, page 47 line 35, leave out ("in the County of Southampton")
§ Clause 47, page 47 line 35, leave out line 37, and insert ("the north pier to the seaward end of the south pier")
§ Clause 47, page 53, line 6, leave out ("Banthask,") and insert ("Bantham")
§ Clause 47, page 53, line 6, leave out line 21.
§ Clause 47, page 53, line 6, line 40, leave out ("Penarth Ferry,") and insert ("line of the subway at Penarth Dock")
§ Clause 47, page 53, line 6, line 42, leave out second ("north,") and insert ("south") page 54, line 9, leave out ("River")
§ Clause 47, page 53, line 6, line 22, leave out ("Forad,") and insert ("Foryd Road")
§ Clause 47, page 53, line 6, line 22, leave out line 31.
980§ Fourth Schedule, page 55, leave out lines 5 and 6.
§ Clause 47, page 53, line 8, leave out from first ("the,") to end of line, and insert ("New Pier and the seaward end of the North Jetty").
§ LORD SHEPHERDMy Lords, I beg to move that this House do agree with the Commons in the said Amendments.
§ Moved, That this House do agree with the Commons in the said Amendments.—(Lord Shepherd.)
§ On Question, Motion agreed to.