§ 6.28 p.m.
§ Report stage resumed.
§ LORD CARRINGTONMy Lords, as a result of conversations which have 1375 taken place since the adjournment of the Report stage of this Bill, I beg to move that in line 4, of subsection (3) of the proposed new clause to follow Clause 26, which was moved by the noble Lord, Lord Macdonald, there should be inserted after "prices," the words "of land." The object of this Amendment is to ensure that it is recognised in the interpretation of this clause that the prices refer to the prices of land, and not to the prices of restoration or any other matter. I beg to move.
§
Amendment to the Amendment moved—
In subsection (3), line 4, after ("prices") insert ("of land").—(Lord Carrington.)
§ LORD MACDONALD OF GWAENYSGORMy Lords, as the noble Lord, Lord Carrington, has pointed out, this Amendment to my Amendment and the next are agreed. I am pleased to accept them.
§ On Question, Amendment to the Amendment agreed to.
§ LORD CARRINGTONMy Lords, I beg to move that in line 6, of the proposed new subsection (3), we delete the words from "restored" down to the second "the" in line 7, and insert in their place "to the extent contemplated in." The object of this Amendment is to include within the scope of this clause those cases where the lease does not contain a specific covenant on the lessee to restore the land. Perhaps I may be allowed here to thank the noble Lord, Lord Macdonald, for the way in which he has met these two points. I beg to move.
§
Amendment to the Amendment moved—
In subsection (3), line 6, leave out from ("restored") to the second ("the") in line 7, and insert ("to the extent contemplated in").—(Lord Carrington.)
§ On Question, Amendment to the Amendment agreed to.
§ On Question, Amendment, as amended, agreed to.
§ 6.30 p.m.
§ Clause 27 [Mineral development charge set-off]:
§ LORD MACDONALD OF GWAENYSGORMy Lords, this is purely a drafting Amendment. I beg to move.
§
Amendment moved—
Page 21, line 13, after ("apply") insert ("or of land comprising such minerals").—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§ Clause 28 [Modification of leases granted before 1st July, 1948]:
§ LORD MACDONALD OF GWAENYSGORI think it may be convenient for your Lordships if we take this Amendment and the following Amendment together. I will ask your Lordships to agree to a slight alteration in the wording of the second Amendment as printed. The object of the clause is to enable leases made before the 1947 Act came into force to be modified to take account of the effect of that event, and to make a corresponding transfer to the lessor of some or all of the lessee's payment from the £300,000,000. The object of the Amendment is to enable the Lands Tribunal to take this point into account in modifying a lease. I beg to move.
§
Amendment moved—
Page 22, line 4, leave out from ("between") to ("if") in line 5 and insert ("the parties").—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§
LORD MACDONALD OF GWAENYSGOR had given notice of an Amendment to add to subsection (2):
(b) regard shall be had to any liability of the lessee to make payments (other than tonnage royalties) under the lease in excess of the value of the minerals which he could reasonably be expected to work after the said thirtieth day of June, or of any tonnage royalties payable under the lease in respect of such minerals.
§ The noble Lord said: My Lords, this is the Amendment I desire to move in a slightly amended form, to the extent that I should like to delete from the Amendment as printed all words after "June." I am advised that this change will have no effect on the purpose of the Amendment. I beg to move.
§
Amendment moved—
Page 22, line 14, at end insert ("(b) regard shall he had to any liability of the lessee to make payments (other than tonnage royalties) under the lease in excess of the value of the minerals which he could reasonably be expected to work after the said thirtieth day of June").—(Lord Macdonald of Gwaenysgor.)
THE MARQUESS OF READINGMy Lords, though I do not say that I am loth 1377 to do it, I confess that we have to take the noble Lord's word for it that the words deleted make no practical difference: we have not had much opportunity to go into the question. However, at first glance, it does look as if the dropped words were not particularly material, and in those circumstances we will accept the Amendment.
§ On Question, Amendment agreed to.
§ LORD MACDONALD OF GWAENYSGORMy Lords, the purpose of subsection (4) of Clause 28 is to enable the scheme for distributing payments from the £300,000,000 to make provision for a transfer of payments between lessee and lessor corresponding to the modifications that nay be made to leases by the Lands Tribunal under subsection (1). This Amendment enables the scheme to prescribe the principles on which the transfer is to be made, and provides for arbitration by the Lands Tribunal in the event of dispute. I beg to move.
§ Amendment moved—
§
Page 22, line 32, leave out from ("may") to end of line 35 and insert ("be prescribed by the scheme:
(b) for the determination by the Lands Tribunal of questions as to the amount of any such payment: to be so transferred").—(Lord Macdonald of Gwaenysgor.)
§ On Question. Amendment agreed to.
§ LORD MACDONALD OF GWAENYSGORMy Lords, this is purely drafting. I beg to move.
§
Amendment moved—
Page 22, line 46, after the second ("such") insert ("additions and").—(Lord Macdonald of Gwaenyspor.)
§ On Question, Amendment agreed to.
§ Clause 29 [[Minerals of National Coal Board]:
§
LORD MACDONALD of GWAENYSGOR moved to add to the clause:
(1) Section twenty-eight of this Act shall not apply in relation to a mining lease granted by the National Coal Board in respect of land to which the provisions of the principal Act relating to operational land of statutory undertakers apply by virtue of regulations made under section ninety of that Act.
§ The noble Lord said: My Lords, the effect of this Amendment is that the provisions of Clause 28 will not apply to certain land of the National Coal Board—in particular, to coal and minerals worked in association with coal. I beg to move.
1378
§
Amendment moved—
Page 23, line 16, at beginning insert the said subsection.—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§ LORD MACDONALD OF GWAENYSGORmoved, after Clause 31 to insert the following new Clause:
§ Advisory Committee on Ironstone Restoration
§ "(1) For the purpose of advising the Minister on questions referred to them under this section, the Minister shall appoint a Committee, to he known as the Advisory Committee on Ironstone Restoration, consisting of such number of members as the Minister may from time to time determine.
§ (2) The chairman and other members of the Advisory Committee on Ironstone Restoration shall be appointed by the Minister, and shall hold and vacate office in accordance with the terms of the instrument by which they are appointed.
§ (3) The Minister may refer to the Advisory Committee on Ironstone Restoration any question arising in connection with the determination of payments to be made to operators under section eight of this Act, or of the standard rate within the meaning of that section, or any other question connected with functions of the Minister in respect of the restoration of worked ironstone land, whether exercisable under this Act or otherwise.
§ (4) The Minister may pay to the members of the Advisory Committee on Ironstone Restoration such remuneration or allowances as he may with the consent of the Treasury determine
§ The noble Lord said: This is an agreed Amendment and an agreed new clause. In so far as we discussed the main principles on Committee stage, I think I need say no more than that I beg to move.
§
Amendment moved—
After Clause 31 insert the said new clause.—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§ Clause 36 [Regulations]:
LORD REAMy Lords, in the absence of my noble friend Lord Samuel, I beg to move this Amendment, which I understand is consequential on the earlier new clause after Clause 6.
§
Amendment moved—
Page 28, line 29, after ("one") insert ("section—(Land held on charitable trusts)").—(Lord Rea.)
§ On Question, Amendment agreed to.
1379
§
Amendment moved—
Page 28, line 33, after ("containing") insert ("an order made under section—(Land held on charitable trusts) of this Act, or containing ").—(Lord Rea.)
§ On Question, Amendment agreed to.
§ Clause 37 [Financial Provisions]:
§ LORD MACDONALD OF GWAENYSGORMy Lords, this Amendment is consequential on the new clause relating to the Advisory Committee on Ironstone Restoration. I beg to move.
§
Amendment moved—
Page 29, line 11, after ("committee") insert ("appointed or ").—(Lord Macdonald of Gwaenysgor.)
§ On Question. Amendment agreed to.
§ LORD MACDONALD OF GWAENYSGORMy Lords, this Amendment also is consequential. I beg to move.
§
Amendment moved—
Page 29, line 11, leave out from ("Minister") to ("this") in line 12 and insert ("under").—(Lord Macdonald of Gwaenysgor.)
§ On Question. Amendment agreed to.
§ Clause 38 [Interpretation]:
§ LORD MACDONALD OF GWAENYSGORMy Lords, this Amendment is purely drafting. I beg to move.
§
Amendment moved—
Page 31, line 6, after ("royalty") insert ("(except in the expression 'tonnage royalty')").—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§ LORD MACDONALD of GWAENYSGORMy Lords, this, too, is a consequential Amendment. I beg to move—
§
Amendment moved—
Page 31, line 7, at end insert ("and 'tonnage royalty' means a royalty calculated by reference to the amount of minerals so got from time to time, or of manufactured articles produced from such minerals, or by any similar method;").—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§ Second Schedule [Formula for ascertaining contributions by mineral owners]:
§ LORD MACDONALD of GWAENYSGORMy Lords, this is a drafting Amendment. I beg to move.
§
Amendment moved—
Page 33, line 22, after ("average") insert ("tonnage").—(Lord Macdonald of Gwaenysgor.)
§ On Question, Amendment agreed to.
§ Third Schedule [Deductions authorised by s. 6]
§ LORD MACDONALD OF GWAENYSGORMy Lords, this Amendment also is drafting. I beg to move.
§
Amendment moved—
Page 34, line 12, after the first ("of") insert ("tonnage").—(Lord Macdonald of Givaenysgor.)
§ On Question, Amendment agreed to.
§ Then, Standing Order No. XXXIX having been dispensed with (pursuant to Resolution):
§ LORD MACDONALD OF GWAENYSGORMy Lords, in moving the Third Reading of this Bill, I have it in command from His Majesty to acquaint the House that His Majesty, having been informed of the contents of the Bill, is pleased to give his consent as far as His Majesty's interest is concerned on behalf of the Crown, the Duchy of Lancaster, and the Duchy of Cornwall, that the House may proceed therein as they shall think fit. I beg to move that this Bill be now read a third time.
§ Moved, That the Bill be now read 3a,—(Lord Macdonald of Gwaenysgor.)
§ On Question, Bill read 3a, with the Amendments, and passed, and returned to the Commons.