§ 2.31 p.m.
§ House again in Committee.
§ [The LORD OAKSHOTT in the Chair.]
§ Clauses 58 to 60 agreed to.
§ Clause 61 [Improvement of waterways for purposes of open-air recreation]:
§ LORD HUGHESI should explain that for the convenience of the Committee it has been agreed between both sides that those Amendments which can be accepted will be formally moved. Those Amendments which cannot be agreed will not be moved and will be re-submitted at the next stage. I beg to move this Amendment.
§
Amendment moved—
Page 48, line 4, at beginning insert ("Subject to the provisions of the next following section,").—(Lord Hughes.)
§ On Question, Amendment agreed to.
§ VISCOUNT MASSEREENE AND FERRARDI beg to move.
§
Amendment moved—
Page 48, line 10, at end insert ("but in doing so shall take into consideration the disturbance of any fishing rights over the waterway which may be caused thereby.").—(Viscount Massereene and Ferrard.)
§ On Question, Amendment agreed to.
§ Clause 61, as amended, agreed to.
§ Clause 62 [Exercise of powers under section 61]:
§ LORD HUGHESI beg to move.
§
Amendment moved—
( ) The provisions of the last foregoing section shall not authorise a body to do anything on land in which any other person has an interest, if apart from that section the doing thereof would be actionable at his instance by virtue of that interest and he does not consent to the doing thereof:
Provided that this subsection shall not apply in the case of land to or over which the public have access by virtue of an access order, but the exercise of any power under the last foregoing section as respects such land shall be subject to the provisions of Part II of this Act and of this section relating to such orders."—(Lord Hughes.)
§ On Question, Amendment agreed to.
938§ LORD HUGHES: I beg to move the next three Amendments.
§ Amendments moved—
§ Page 49, line 27, after first ("land") insert ("comprised in an, access order, whether the work is specified in the order or not,")
§ Page 50, line 32, leave out from beginning to first ("the") in line 33, and insert ("on land comprised in an access order")
§ Page 50, line 38, at end insert ("of which account has already been taken or will be taken in fixing compensation under section 20 above:
§ Provided also that nothing in this subsection shall confer on a person a right to such compensation in respect of land or the enjoyment thereof,").—(Lord Hughes.)
§ On Question, Amendments agreed to.
§ Clause 62, as amended, agreed to.
§ Clause 63 agreed to.
§ LORD HUGHESI beg to move.
§ Amendment moved—
§ After Clause 63, insert the following new clause,
§ Provision of recreational facilities by Electricity Boards, 1943 c. 32
§ ".Without prejudice to the provisions of section 2(3) of the Hydro-Electric Development (Scotland) Act 1943 (general duties of the North of Scotland Hydro-Electric Board) the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board may, as respects any waterway or land owned by them, exercise the same powers as are conferred by subsection (1) and subsections (3) to (8) of section 63 above on local water authorities as respects waterways or land in which those authorities have an interest."—(Lord Hughes.)
§ On Question, Amendment agreed to.
§ Clause 64 [Wardens]:
§
Amendment moved—
Page 53, leave out lines 1 to 3.—(The Duke of Atholl.)
§ On Question, Amendment agreed to.
§ LORD HUGHESI beg to move Amendment No. 74.
§ Amendment moved—
§
Page 53, line 16, at end insert—
("( ) the North of Scotland Hydro-Electric Board;
( ) the South of Scotland Electricity Board.")—(Lord Hughes.)
§ On Question, Amendment agreed to.
§ Clause 64, as amended, agreed to.
939§ Clauses 65 to 73 agreed to.
§ Clause 74 [Powers of Entry]:
§ THE DUKE OF ATHOLL: I beg to move Amendment No. 75.
§
Amendment moved—
Page 58, line 28, leave out ("seven") and insert ("fourteen").—(The Duke of Atholl)
§ On Question, Amendment agreed to.
§ Clause 74, as amended, agreed to.
§ Remaining clauses and Schedules agreed to.
§ House resumed: Bill reported, with Amendments.