§ Amendments reported (according to Order).
§ THE MINISTER OF STATE, SCOTTISH OFFICE (LORD CRAIGTON)
My Lords, it may be convenient to take the two Amendments in my name together. The first Amendment, to Clause 3, meets representations, made after the Committee stage, that the Bill should require prior consultation by local authorities with statutory undertakers before carrying out maintenance and management operations. This Amendment is similar to provisions in other Acts, including the Water (Scotland) Act, 1946. The Second Schedule already gives statutory undertakers the necessary protection in operations requiring flood prevention schemes. The second Amendment is consequential. I beg to move.
§ Amendments moved—
Clause 3, page 3, line 37, at end insert—
("(4) Nothing in the foregoing provisions of this Act relating to maintenance and management operations shall authorise the carrying out by a local authority of any such operations so as to affect injuriously any works or property belonging to, or the carrying on of their statutory undertaking by, any statutory undertakers, except with the consent in writing of the statutory undertakers:
Provided that consent for the purposes of this subsection shall not be required if it is withheld unreasonably, and any question whether any such consent has been withheld unreasonably shall be referred to and determined by the Secretary of State.")
Clause 15, page 10, line 11, at end insert (""statutory undertakers" and "statutory undertaking" have the same meanings as in the Town and Country Planning (Scotland) Act, 1947").—(Lord Craigton.)
§ On Question, Amendments agreed to.