HL Deb 15 June 1967 vol 283 cc1031-4

3.30 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Hughes.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD AIREDALE in the Chair.]

Clause 1 agreed to.

Clause 2 [Transfer to regional water boards of functions of local water authorities]:

LORD HUGHES moved to insert at the beginning of subsection (1): "Subject to the provisions of this Act,". The noble Lord said: It may be for the convenience of the Committee if I speak to Amendments Nos. 1 and 2 together. They are purely drafting Amendments. Clauses 2 and 4, as drafted, provide for the transfer to regional water boards and to the Central Scotland Water Development Board of the functions of existing local water authorities. But the transfer of functions is not without exceptions. For example, Clause 29 provides that provisions of local enactments may be re- pealed if it appears to the Secretary of State that they are inconsistent with any of the provisions of the Water (Scotland) Acts, including the Bill. Under this clause we shall, for example, repeal the financial provisions of the orders relating to the Loch Lomond and Loch Turret Schemes, since they will be superseded by the financial arrangements for the Central Scotland Water Development Board set out in Clauses 12 to 15. To the extent that provisions of local enactments are repealed under Clause 29 the functions of the existing local water authorities will be terminated and will not be transferred to the new water boards. For this reason the draftsman considers that the clause should reflect the later provisions of the Bill and that the qualifying words, "Subject to the provisions of this Act" should be inserted at the beginning of Clauses 2 and 4. I beg to move the first Amendment.

Amendment moved— Page 2, line 15, at beginning insert ("Subject to the provisions of this Act,").—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3 agreed to.

Clause 4 [Transfer to Central Board of functions of certain joint water boards, and other functions of the Board]:

LORD HUGHES

I beg to move Amendment No. 2.

Amendment moved— Page 3, line 1, at beginning insert ("Subject to the provisions of this Act,").—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5 agreed to.

LORD HUGHES moved, after Clause 5, to insert the following new clause:

Maps of regions

".—(1) The Secretary of State shall, as soon as practicable after each regional water board established by virtue of section 1 of this Act comes into existence, send to the board a map of their region and shall, as soon as practicable after an order under section 5 of this Act relating to the region of a regional water board comes into operation, send to the board a map of the region as altered or, as the case may be, designated by the order.

(2) Any map sent to a regional water board under this section, except a map which has been superseded by a subsequent map sent there under, shall be kept at the principal office of the board; and the board shall provide reasonable facilities for the inspection of the map by any person wishing to inspect it, and for the taking of copies of, and extracts from the map.

(3) Any map sent as aforesaid shall be taken to be a document within the meaning of the Documentary Evidence Act 1868, as applied to the Secretary of State for Scotland."

The noble Lord said: The new clause requires the Secretary of State to send to each regional water board, as soon as practicable after they are established, a map of their region; a similar requirement applies in the case of a region designated, or altered by an order under Clause 5. The map is to be kept at the principal office of the board who are to provide facilities for its inspection and for the taking of copies of the map.

Clause 1(2) determines the region of each of the new regional water boards by reference to the limits of supply of the existing local water authorities. To a substantial extent the boundaries of the new regions will be existing county boundaries; but there are a number of instances in which this is not so and, accordingly, the definition of the regional boundaries in such cases depends on reference being made to the enactments concerned. When the new boards are established it will be necessary to settle precisely where the boundaries between the regions lie, and it would be useful to prepare definitive maps at that stage; and they will prove particularly useful when we come to consolidate the Water Acts. Furthermore, while it is unlikely that disputes will arise over boundaries as such, it is possible that in relation to the responsibility for supplying individual properties a dispute might arise about the precise line of a boundary and on whose side of the boundary the premises lay for supply purposes. In that event it would facilitate settlement—indeed, it would probably obviate such a dispute—if a certified map was available.

There is no need for a parallel requirement in relation to a water development board. Their area will comprise the constitutent regions, each of which will have its own regional map, and taken together these will define the water development board's area. I beg to move.

Amendment moved—

After Clause 5, insert the said new clause.—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 6 agreed to.

LORD SORENSEN

I beg to move that the House do now resume.

Moved, That the House do now resume.—(Lord Sorensen.)

On Question, Motion agreed to, and House resumed accordingly.