HL Deb 21 February 1963 vol 246 cc1529-32

19. Part I of this Schedule shall not have effect until the first appointed day.

20. Part II of this Schedule shall not have effect until the second appointed day.

21. Part III of this Schedule shall not have effect until the end of the initial period.

22. The amendments of section 14 of the Water Act 1945 contained in Part III of this Schedule shall not affect—

  1. (a) any power of the court exercisable under subsection (10) of that section in pursuance of an application made before the end of the initial period, or
  2. (b) the exercise of any power by virtue of subsection (10) or subsection (12) of that section in pursuance of an authorisation granted by the court under the said subsection (10) before the end of the initial period or granted thereunder after the end of that period in pursuance of an application made before the end of that period.").—(Lord Hastings.)

VISCOUNT COLVILLE OF CULROSS

My Lords, when does Part IV come into effect?

LORD HASTINGS

My Lords, I think this is a trick question which my noble friend has put to me. Part IV is merely saying when Parts I, II, and III come into effect.

VISCOUNT COLVILLE OF CULROSS

My Lords, it is not a trick question, with respect, because it is a substantive Amendment.

LORD HASTINGS

That will come into effect at the same time as Part III.

On Question, Amendment agreed to.

Schedule 11 [Enactments repealed]:

7.10 p.m.

EARL JELLICOE

My Lords, this is the first of a series, of Government Amendments listing further enactments repealed by Clause 118 (2). For the convenience of the House, I would like to suggest your Lordships might consider Amendments 144 to 154 together, because all the enactments listed in the Schedule are either superseded by provisions of the Bill or are incompatible with the Bill. In other words, their repeal will be consequential upon the passing of the Bill, although the repeals themselves will not be effective until either the second appointed day (those are the repeals covered by Part I of the Schedule) or the end of the initial period (those in Part II). I beg to move.

Amendments moved—

Page 123, line 6, at end insert—

"13 & 14 Geo. c. 16. The Salmon and Freshwater Fisheries Act 1923. In section 38 (1), in the proviso to paragraph (e), sub-paragraph (ii).
8 & 9 Geo.6. c. 42. The Water Act 1945. In section 3, in subsection (1), the words 'or the conservation of water resources for the purposes of such provision'.
In section 4, in subsection (1) (a), the words 'and of the water resources in or available for their area'; in subsection (1) (e), the words 'or water resources in or available for their area'; and in subsection (3), the words 'and the water resources in or available for that area'.
In section 5, in paragraph (a), the words 'and of the water resources in or available for that area'. Section 6."

Page 123, line 8, at end insert—

("12, 13 & 14 Geo. 6. c. 74. The Coast Protection Act 1949. In section 49, in subsection (1), the definition of 'river board'.
12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. In section 114, in subsection (1), the definition of 'river board'.")

Page 123, line 9, column 3, leave out ("2 (2) (a)") and insert ("1(2) (a")

Page 123, line 16, at end insert—

("14 & 15 Geo. 6. c. 65. The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951. In sect on 20, in sub-section (4), the word 'respectively' and the words 'the River Boards 1948 and'")

Page 123, line 19, at end insert—

("6 & 7 Eliz. 2. c. 69. The Opencast Coal Act 1958 In section 51 in subsection (1), the definition of 'river board'")

Page 123, line 29, column 3, at end insert—

("In section 43, the words 'or section thirteen of the River Boards Act 1948'")

Page 123, line 31, column 3, at beginning insert—

("In section 3, subsection (2)")

Page 123, line 32, column 3, leave out ("(5)") and insert ("(6)")

Page 123, line 36, at end insert—

("9 & 10 Geo. 5. c. 100. The Electricity (Supply) Act 1919. Section 15
16 & 17 Geo. 5. c. 51. The Electricity (supply) Act 1926 In Schedule 6, the entry relating to section 15 of the Electricity (Supply) Act 1919.")

Page 123, line 41, column 3, at end insert—

"In section 23, in the proviso to subsection (1), the words 'except as otherwise provided by the Water Act 1948' and the word 'compulsorily' in both places where it occurs.")

Page 123, line 42, column 3, at end insert—

("In section 33, in the proviso to subsection (1), the word 'compulsorily'.
In section 45, paragraph (b).
In Schedule 1, paragraph 3 (iv); the proviso to paragraph 19; in paragraph 20, the words 'or, as the case may be, from which the water is proposed to be taken under the rights to be acquired'; and in paragraph 22, the words 'or subsection (6) of section twenty-six' and the words 'as the case may be'.
In Schedule 3, section 10; and in section 93 (1), the words 'or to abstract water'").
—(Earl Jellicoe).

On Question, Amendments agreed to.

EARL JELLICOE

My Lords, this Amendment lists further repeals in relation to the Electricity Act, 1947, the Water Act, 1948, and the Transport Act, 1962. This is the last Amendment with which we shall be dealing on our Report stage. In moving it, I should like to thank all noble Lords who have taken part in this stage of this not unimportant Bill, not only for the substance of their contributions but also for the spirit in which those contributions have been made. My noble friends Lord Hastings and Lord St. Oswald and I very much appreciate it. I beg to move.

Amendment moved—

Page 123, line 42, at end insert—

"10 & 11 Geo. 6. c. 54. The Electricity Act 1947. In Part I of Schedule 4, the entry relating to section 15 of the Electricity (Supply) Act 1919.
11 & 12 Geo. 6. c. 22. The Water Act 1948. In section 2, paragraph (c) of subsection (1); in the proviso to subsection (3), the word 'compulsorily' in the second place where in occurs; and subsection (5).
In section 5, subsections (1) to (3).
In section 8, subsection (7).
In section 14, subsection (3) and subsection (7) (a) except in so far as it provided for the omission of the words 'land or'.
10 &11 Eliz. 2. c. 46. The Transport Act 1962. Section 63.")
—(Earl Jellicoe.)

LORD CROOK

My Lords, I should not have risen at this late hour, but for the words which have fallen from the noble Earl. I wish to say how much those of us who have done the work on this side of the House appreciate the work that has been done on the other side. I can say this with great ease to both sides, because I have done none of it. I have merely been sitting here watching the proceedings.

On Question, Amendment agreed to.

House adjourned at thirteen minutes past seven o'clock.

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