HL Deb 30 July 1963 vol 252 cc1090-8

Clause 96, page 90, line 30, at end insert— ("(2) In formulating or considering any such proposals, river authorities and the Water Resources Board and any Minister having functions under this Act, having regard to the desirability of preserving public rights of access to areas of mountain, moor, heath, down, cliff or foreshore and other places of natural beauty, shall each take into account any effect which the proposals would have on the preservation of any such rights of access.")

Clause 98, page 91, line 14, at end insert— ("(d) that they receive a supply of water in bulk from any statutory water undertakers who fulfil the condition specified in paragraph (b) or paragraph (c) of this subsection.")

Clause 98, page 91, line 21, after ("undertakers") insert ("and of any statutory water undertakers who receive a supply of water in bulk from those undertakers")

Clause 98, page 91,line 24, at end insert ("'supply of water in bulk'")

Clause 102, page 92, line 42, leave out from first ("the") to ("functions") in line 45 and insert ("appropriate Minister or Ministers may give to river authorities such directions in relation to any of their transferred functions as he or they consider expedient for the purpose of securing the effective performance of any of their new")

Clause 102, page 93, line 13, at end insert— ("(6) For the purposes of subsection (1) of this section any question as to the Minister or Ministers who is or are the appropriate Minister or Ministers in relation to any transferred functions of river authorities shall be determined as if in that subsection the words from 'for the purpose of securing' onwards were omitted.")

Clause 104, page 95, line 11, at end insert ("and as if the expression 'department' in that section included the Minister of Agriculture, Fisheries and Food")

Clause 107, page 98, line 2, at end, insert— ("(3) A person shall not by virtue of the last preceding section be entitled to enter or remain on land occupied by statutory water undertakers unless he complies with any reasonable requirements imposed by the undertakers for the purpose of protecting water against pollution; and any question arising under this subsection as to what requirements are reasonable shall, in case of dispute, be determined by the Minister, whose decision shall be final.")

Clause 109, page 100, line 22, leave out ("an occupier of premises") and insert ("the occupier of any land")

Clause 109, page 100, line 24, after ("him") insert ("or on his behalf")

Clause 110, page 100, line 34, at end insert ("or the consent of a river authority under section 70 thereof")

Clause 110, page 100, line 37, at end insert— ("(2) Where the provisions contained in a licence under this Act in pursuance of paragraph (b) of subsection (1) of section 30 of this Act, or in pursuance of that paragraph as modified by subsection (6) of that section, require the use of a meter, gauge or other device, and such a device is used for the purposes of those provisions, any person who wilfully alters or interferes with that device so as to prevent it from measuring correctly shall be guilty of an offence under this section.")

Clause 112, page 102, line 16, leave out ("within the meaning of") and insert ("or other persons referred to in")

Clause 112, page 102, line 18, after ("to") insert ("section 38 or")

Clause 112, page 102, line 20, leave out ("58(4)") and insert ("38 or the said section 58(4), as the case may be")

Clause 116, page 104, line 29, after ("7(5)") insert ("or 7(6)")

Clause 116, page 104, line 46, after ("latest") insert ("financial")

Clause 116, page 105, line 12, after second ("the") insert ("financial")

Clause 118, page 105, line 32, leave out from ("subsection") to ("in") in line 33 and insert ("no power of compulsory acquisition conferred on a river authority by or under Part VI of this Act, no other compulsory power so conferred (including any power conferred on river authorities by virtue of section 67(3) of this Act) and no power of entry or inspection conferred by or under this Part of this Act shall, except with the consent of the appropriate authority, be exercisable")

Clause 118, page 106, line 2, leave out ("and")

Clause 118, page 106, line 6, at end insert ("and 'the appropriate authority' has the same meaning as in section 199 of the Town and Country Planning Act 1962, and the provisions of subsection (6) of that section as to the determination of questions shall apply for the purposes of this section")

After Clause 121, insert the following new clause:

Consultation with authorities in Scotland

("(1) Where a river authority area adjoins any part of Scotland, and it appears to the river authority that there may be water in watercourses or underground strata in that part of Scotland, or in the river authority area, which could be transferred from that part of Scotland to the river authority area, or from the river authority area to that part of Scotland, as the case may be, the river authority shall, in so far as they consider it appropriate to do so, consult with local water authorities, river purification authorities and other authorities in that part of Scotland with a view to securing the best use of that water in the public interest.

(2) In this section 'local water authority' and 'river purification authority' have the meanings assigned to them respectively by section 5(4) of the Water (Scotland) Act 1946 and section 17(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1951.")

After Clause 122, insert the following new clause:—

Temporary provision for restricting abstraction of water for spray irrigation

("(1) If at any time after the passing of this Act it appears to the Ministers, either on the application of a river board or river authority or without any such application, that by reason of exceptional shortage of rain it is necessary to restrict the abstraction of water for the purpose of spray irrigation, the Ministers, subject to the following provisions of this section, may make an order under this section accordingly:

Provided that no order (other than an order which only revokes a previous order) shall be made under this section after the end of the period of six months beginning with the second appointed day.

(2) Any order under this section may be made so as to apply to—

  1. (a) one or more inland waters specified in the order, not being inland waters falling within section 2(3) of this Act, or
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  2. (b) all inland waters (other than those falling within section 2(3) of this Act) in an area specified in the order or in a part so specified of such an area,
and shall specify a period (not exceeding three months) for which any prohibition imposed by the order is to have effect.

(3) Subject to the last preceding subsection, an order under this section may provide that, during the period specified in the order in accordance with that subsection, the abstraction of water for the purpose of spray irrigation from any inland water to which the order applies—

  1. (a) shall be wholly prohibited, or
  2. (b) shall be prohibited subject to such exceptions as may be specified in the order in accordance with the next following subsection,
and different provision (including provision specifying different exceptions) may be made in the order in relation to different inland waters.

(4) Any exception specified in an order as mentioned in paragraph (b) of the last preceding subsection shall be formulated by reference to either or both of the following matters, that is to say—

  1. (a) the abstraction of water on particular days specified in the order, and
  2. (b) the abstraction of water for the purpose of spray irrigation of particular crops specified in the order, or of land which is for the time being used for particular agricultural purposes so specified, whether by reference to the growing of particular crops or otherwise.

(5) Where a river board or river authority apply to the Ministers for an order under this section, or the Ministers propose without any such application to make such an order, the river board or river authority or the Ministers, as the case may be, shall publish a notice—

  1. (a) stating the general effect of the application or proposal, and
  2. (b) stating that any person may, by notice in writing given to either of the Ministers within the period of seven days beginning with the date of first publication of the notice, object to the application or proposal;
and, if before the end of that period an objection is received by either of the Ministers from a person appearing to him to be affected by the application or proposal, and the objection is not withdrawn, the Ministers, before making an order, shall either cause a local inquiry to be held or shall afford to the objector, and, in the case of an application by a river board or river authority, to that board or authority, an opportunity of appearing before, and being heard by, a person appointed by the Ministers for the purpose.

(6) Where the Ministers make an order under this section, they shall take such steps (whether by the publication of notices or otherwise) as they may consider most suitable for informing all persons concerned of the effect of the order.

(7) Any person who contravenes a prohibition imposed by an order under this section shall be guilty of an offence and shall, on conviction on indictment or on summary conviction, be liable to a fine:

Provided that an offence under this section shall not be punishable on summary conviction by a fine exceeding one hundred pounds.

(8) Section 113(2)(a) of this Act shall have effect in relation to any offence under this section as if, after the word 'by', there were inserted the words 'the Minister, the Minister of Agriculture, Fisheries and Food, a river board or'.

(9) The power to vary orders under this section shall not be exercisable so as to extend the period for which a prohibition imposed by such an order has effect beyond the end of the period of six months beginning with the date on which that prohibition came into operation.

(10) In this section any reference to the abstraction of water for the purpose of spray irrigation is a reference to the abstraction thereof either for that purpose or for purposes which include that purpose, and 'area' means any river board area or river authority area.")

Clause 124, page 110, line 38, after ("29"), insert ("section (Provisions supplementary to sections 38 to 40) and section 52(3)")

Clause 124, page 110, line 40, leave out from ("subsection") to end of line 43 and insert— ("and—

  1. (a) section 48(2) of this Act shall not apply to any direction given in consequence of an appeal against the decision on such an application, and
  2. (b) section (Application by owner of fishing rights for revocation or variation of licence) of this Act shall not apply to any licence granted in pursuance of such an application")

After Clause 124, insert the following new clause—

Ecclesiastical property

(".—(1) The provisions of this subsection shall have effect with respect to licences under this Act and with respect to applications for such licences, that is to say—

  1. (a) an application for such a licence, where the relevant land is land belonging to a benefice which is for the time being vacant, may be made by the Church Commissioners;
  2. (b) where the relevant land belongs to a benefice, any such licence shall provide that (notwithstanding anything in section 31(4) or section 37(1) of this Act) whoever is for the time being the incumbent of the benefice shall be the holder of the licence, and, where the licence so provides, section 30(4) of this Act shall not apply;
  3. (c) where the last preceding paragraph applies, any reference in Part IV of this Act to the applicant for a licence shall, in relation to any time when the benefice in question is vacant, be construed as a reference to the Church Commissioners, and, in relation to any time when there is an incumbent of the benefice, shall be construed as a reference to that incumbent;
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  4. (d) where a licence includes such a provision as is mentioned in paragraph (b) of this subsection, any reference in this Act, or in any charging scheme or agreement made thereunder, to the holder of the licence shall, in relation to any time when the benefice in question is vacant, be construed as a reference to the Church Commissioners;
  5. (e) for the purposes of sections 33 and 35 of this Act, water abstracted by a former incumbent of a benefice shall be treated as having been abstracted by the person who is for the time being the incumbent thereof, or, if the benefice is vacant, by the Church Commissioners.

(2) Where the fee simple in any ecclesiastical property is in abeyance, it shall, for the purposes of the exercise of any powers of compulsory acquisition conferred by or under this Act, be treated as being vested in the Church Commissioners, and any notice to treat shall be served accordingly.

(3) Any sums agreed upon or awarded for the acquisition, in the exercise of any such powers, of the fee simple in land which is ecclesiastical property, or to be paid by way of compensation for damage sustained by reason of severance or injury affecting such land (being severance or injury arising from an acquisition in the exercise of any such powers), shall, instead of being paid as provided by the Lands Clauses Acts, be paid to the Church Commissioners.

(4) Any compensation falling to be paid under this Act in respect of damage to land which is ecclesiastical property shall, to the extent to which it is payable to the owner of the fee simple in the land, be paid (where the fee simple is vested in any person other than the Church Commissioners) to them, instead of to that person; and any compensation falling to be paid under this Act in respect of depreciation of the value of the fee simple in land which is ecclesiastical property shall (where the fee simple is vested in a person other than the Church Commissioners) be paid to them instead of to the person in whom the fee simple is vested.

(5) Any sums paid under subsection (3) of subsection (4) of this section to the Church Commissioners with reference to any land shall, if the land is not consecrated, be applied by them for the purposes for which the proceeds of a sale by agreement of the fee simple in the land would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale, and, if the land is consecrated, be applied by them in such manner as they may determine.

(6) Where in pursuance of the provisions of Part V of this Act as modified by subsection (1)(d) of this section, or in pursuance of a charging scheme or agreement as so modified, the Church Commissioners are required to pay any fee or other charge in respect of a licence, then if any moneys then are or subsequently become payable by the Commissioners to the incumbent of the benefice in question, the Commissioners shall be entitled to retain out of those moneys an amount not exceeding the amount of that charge.

(7) Where under any provision of this Act a document is required to be served on an owner of land, and the land is ecclesiastical property, a copy of the document shall be served on the Church Commissioners:

Provided that (without prejudice to subsection (2) of this section) this subsection shall not apply where the requirement is imposed by the Acquisition of Land (Authorisation Procedure) Act 1946 as applied by any provision of this Act.

(8) In this section 'benefice' means an ecclesiastical benefice of the Church of England, 'ecclesiastical property' means land belonging to a benefice, or being or forming part of a church subject to the jurisdiction of the bishop of any diocese of the Church of England or the site of a church so subject, or being or forming part of a burial ground so subject, and 'the relevant land', in relation to a licence under this Act or an application for such a licence, means the land on which water abstracted in pursuance of the licence is to be, or is proposed to be, used, or, in the case of a licence under section 36 of this Act or an application for such a licence, the land on which any part of the impounding works is to be, or is proposed to be, constructed or (in relation to an alteration of impounding works) the land on which any part of those works is situated or is to be, or is proposed to be, situated.")

Clause 126, page 112, line 38, leave out paragraph (a).

Clause 126, page 113, line 2, leave out ("or section 10")

Clause 126, page 113, line 5, at end insert— ("(b) an order under section 10 of this Act which varies a previous order under that section in such a way that the number of members (excluding additional members) of a river authority will exceed thirty-one, but does not alter any river authority area or designate any new area, or")

Clause 126, page 113, line 12, leave out ("paragraph (a) or")

Clause 127, page 114, line 15, at end insert— ("'financial year' means a period of twelve months ending with the 31st March.")

Clause 127, page 114, line 28, leave out ("either") and insert ("any")

Clause 127, page 114, line 34, after ("reservoir"), insert ("or dock")

Clause 127, page 114, line 34, leave out ("or reservoir") and insert ("reservoir or dock")

Clause 127, page 114, line 36, at end insert ("and (c) so much of any channel, creek, bay, estuary or arm of the sea as does not fall within the preceding paragraphs and is within any of the river authority areas")

Clause 127, page 115, line 17, at end insert— ("'mortgage' includes any charge or lien on any property for securing money or money's worth, and 'mortgagee' shall be construed accordingly.")

Clause 127, page 117, line 41, at end insert—

("(6) Any reference in this Act to the doing of anything in pursuance of a licence under this Act is a reference to its being done—

  1. (a) by the holder of such a licence, or
  2. (b) by a person acting as a servant or agent of, or otherwise under the authority of, the holder of such a licence,
at a time when that licence is in force and in circumstances such that, if no such licence were in force, the doing of that thing would contravene a restriction imposed by section 23 or section 36 of this Act.

(7) For the purposes of this Act land shall be taken to be contiguous to an inland water notwithstanding that the land is separated from it by a towpath or by any other land used, or acquired for use, in connection with the navigation of the inland water, if that other land does not comprise any building or works other than a lock, pier, wharf, landing-stage or similar works.")

Clause 128, page 118, line 35, at end insert— ("(3) The repeal by virtue of this section of section 5 of the River Boards Act 1948 shall not affect any determination under subsection (2) of that section made by the Minister of Agriculture, Fisheries and Food before the second appointed day; and any such determination in force immediately before that day with respect to the area of a river board shall, until superseded by any subsequent determination under section 9(2) of this Act, have effect as from that day as a determination by that Minister under the said section 9(2) with respect to the area of the river authority to whom, by virtue of section 5 of this Act, the functions of that river board relating to fisheries are transferred.")

Clause 129, page 119, line 35, leave out subsection (4).

LORD HASTINGS

My Lords, these Amendments, Nos. 163 to 203, are all in Part X, which is a fairly large Part of the Bill dealing with miscellaneous provisions. Amendment No. 163 attempts to preserve public rights of access and provides that account shall be taken of the effect of any works on public rights of access. Amendments Nos. 164 to 166 are of great interest to statutory undertakers in that they add bulk supplies to the list of duties which these undertakers must carry out and require special recognition and protection—that is to say, the status of either undertakers supplying in bulk or undertakers receiving supplies in bulk must be recognised.

Amendment No. 186 provides for consultation with the appropriate authorities in Scotland in those river authority areas adjoining the Scottish authorities. Amendment No. 187 allows for temporary restrictions on spray irrigation due to excessive shortage of rain. That will be prior to the second appointed day and during the initial period of three months thereafter, before the minimum acceptable flows have been agreed. Amendment No. 190 is a now clause dealing with the complicated issue of ecclesiastical property and the ownership of it. It has been agreed in consultation with the Church Commission.

Finally, in this Part, Amendments Nos. 191 to 194 inclusive are paving Amendments to the Amendments made to Schedule 4, dealing with orders revising river authority areas and boundaries. My right honourable friend gave an undertaking in Committee in another place that he would make this change from Affirmative or Negative Resolution of either House to the Special Parliamentary Procedure where an objection is made and not withdrawn. These Amendments now provide that there shall be Special Parliamentary Procedures in these circumstances where river authority areas are to be changed. I beg to move that this House doth agree with the Commons in the said Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Hastings.)

On Question, Motion agreed to.