HL Deb 25 October 1972 vol 335 cc2220-4

[Nos. 1–58]

[References are to Bill as printed for the Commons.]

Clause 1, page 3, line 9, leave out ("1971") and insert ("1972")

Clause 3, page 3, line 26, leave out ("1971") and insert ("1972")

Clause 3, page 4, line 5, at end insert:

("and any works or conveniences constructed or provided by the Company as part of or in connection with or for the purposes of those works or any of them;")

Clause 3, page 4, line 25, at end insert ("and includes the terminal authority's works")

Clause 3, page 4, line 41 at end insert:

("'the pilotage authority ' means the pilotage authority for the Liverpool Pilotage District, and includes its licensed pilots;")

Clause 3, page 5, line 3, at end insert:

("' ship passenger and goods dues' has the same meaning as in section 57 of the Act of 1964;")

Clause 3, page 5, line 10, leave out ("10") and insert ("4")

Clause 3, page 5, line 16 at end insert:

("and any works or conveniences constructed or provided by the terminal authority as part of or in connection with or for the purposes of those works or any of them")

Clause 3, page 5, line 21, after ("Act") insert ("(and in sections 53 to 56 of this Act includes so much of the works comprised in the transferred undertaking)")

Clause 3, page 6, leave out lines 10 to 14.

Clause 3, page 6, line 15, leave out ("(3)") and insert ("(2)").

Clause 3, page 6, line 17, leave out ("the said sections 40 and 41") and insert ("section 40 (Power to Company to construct works) and section 41 (Power to terminal authority to construct works) of this Act").

Clause 3, page 6, line 18, leave out ("(4)") and insert ("(3)").

Clause 3, page 6, line 20, leave out ("subsequent").

Clause 13, page 11, lines 7 and 8, leave out ("and the Company's works").

Clause 13, page 11, line 11 at end insert—("(3) (a) Any act or omission which

  1. (i) takes place on, under or above so much of the Company's works as is not within the county, the urban district and the parish of Amlwch; and
  2. (ii) would, if taking place within the county, the urban district and the said 2221 parish, constitute an offence under the law
shall be treated for the purposes of that law as taking place within the county, the urban district and the said parish and within the second petty sessional division of Anglesey.

(b) Any jurisdiction conferred on any court under this subsection shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.")

Clause 13, page 11, line 12, leave out ("(3)") and insert ("(4)").

Clause 14, page 11, line 17, after ("maintenance") insert ("and") and leave out ("and").

Clause 14, page 11, line 18, leave out ("improvement").

Clause 14, page 11, line 22, leave out ("alter, improve") and insert ("renew"), leave out the third ("and") and after ("extend") insert ("alter and reconstruct").

Clause 14, page 11, line 37, leave out ("telegraph communication") and insert ("telecommunication").

Clause 14, page 11, line 38, at end insert ("or with any apparatus of the Central Electricity Generating Board or the Merseyside and North Wales Electricity Board").

Clause 14, page 11, line 39, after ("(3)") insert ("(a)").

Clause 14, page 11, line 41, at end insert—

("Provided that the terminal authority shall not alter any telegraphic line belonging to or used by the Post Office except in accordance with and subject to the provisions of paragraphs (1) to (8) of section 7 of the Telegraph Act 1878.

(b) in this subsection, the expression "alter" has the same meaning as in the Telegraph Act 1878.")

Clause 15, page 12, line 14, after ("State") insert ("for Trade and Industry").

Clause 18, page 13, line 38, at end insert—

("(5) Except in a case which is, in the opinion of the terminal authority, a case of emergency, the terminal authority shall, before raising, removing or destroying under the powers conferred upon them by the said section 530 any vessel sunk, stranded or abandoned in the terminal or in or near any approach thereto and within a distance of two hundred yards of any subaqueous cable belonging to or used by the Post Office give to the Post Office in writing as long notice as is practicable of their intention to do so.")

Clause 18, page 13, line 39, leave out ("(5)") and insert ("(6)").

Clause 19, page 14, line 10, after ("State") insert ("for Defence").

Clause 19, page 14, line 20, after ("State") insert ("for Defence").

Clause 19, page 14, line 23, after ("State") insert ("for Defence and to the Secretary of State for Trade and Industry").

Clause 19, page 14, line 29, after ("State") insert ("for Defence and the Secretary of State for Trade and Industry").

Clause 19, page 14, line 34, after ("State") insert ("for Defence or the Secretary of State for Trade and Industry").

Clause 19, page 15, line 18, after ("State") insert ("for Trade and Industry").

Clause 20, page 16, line 5, after the second ("to") insert ("land, buildings or works of the terminal authority connected with").

Clause 20, page 17, line 32, leave out ("to") and insert ("of").

Clause 20, page 17, line 33, at end insert:

("(5) If there is any conflict between any byelaw made under paragraph (f) of subsection (1) of this section and

  1. (a) any byelaw made by the Gwyneed River Authority under section 5 of the Rivers (Prevention of Pollution) Act 1951; or
  2. (b) any byelaw made by the Lancashire and Western Sea Fisheries Joint Committee under section 5 of the Sea Fisheries Regulation Act 1966
the relevant byelaw of the said River Authority or of the said Committee (as the case may be) shall prevail.")

Clause 20, page 16, line 34, leave out ("(5)") and insert ("(6)").

Clause 20, page 16, line 35, at end insert ("for the Environment").

Clause 21, page 18, line 3, leave out ("Nine") and insert ("Eight").

Clause 21, page 18, line 5 at end insert ("One member to be nominated by the pilotage authority").

Clause 21, page 18, line 6, leave out ("end") and at end insert ("and the pilotage authority").

Clause 22, page 18, line 23, leave out ("do all such acts and").

Clause 23, page 18, line 30, leave out ("powers") and insert ("power").

Clause 23, page 18, line 35, leave out ("rating limits") and insert ("harbour").

Clause 23, page 18, line 44, leave out ("or") and insert ("and").

Clause 23, page 18, lines 44 and 45, leave out ("as defined by the said section 57 of the Act of 1964").

Clause 25, page 19, line 7, leave out ("rating limits") and insert ("terminal").

Clause 31, page 20, line 7, leave out ("vessels") and insert ("(a) any vessel") and leave out from ("through") to the end of line 8 and insert ("the limits of the terminal").

Clause 31, page 20, line 9, leave out ("do") and insert ("does").

Clause 31, page 20, line 10, leave out ("fishing vessels") and insert ("(b) any vessel").

Clause 31, page 20, line 12, leave out ("do") and insert ("does") leave out lines 13 to 19 and insert:

("(2) No ship, passenger and goods dues shall be chargeable by the terminal authority in respect of:

  1. (a) any vessel entering, using or leaving so much of the limits of the terminal as is outside the harbour if the vessel entered the limits of the terminal solely for the purpose of making use of the Company's works or any facility provided by the Company in connection with those works;
  2. (b) any vessel of the Lancashire and Western Sea Fisheries Joint Committee within the limits of the terminal but outside the harbour while being used solely for carrying out the functions of that Committee.").

After Clause 31 insert Clause 31A:

Access for officers of Department of Trade and Industry, etc.

The following persons shall have free access to the terminal:—

  1. (1) officers of the Department of Trade and Industry acting in the execution of their duty;
  2. (2) members of the crew of a lifeboat, officers of the coastguard and other persons employed in saving life or in exercising or using a lifeboat while engaged in going to or returning from a lifeboat or using any apparatus for saving life; and
  3. (3) persons brought ashore from a vessel in distress.

Clause 37, page 22, line 29, after ("section") insert ("(a)").

line 33, at end, insert—

("for Wales

  1. (b) with respect to any highway upon which a service of stage carriages or express carriages is operated unless not less than forty-eight hours' previous notice is given to the traffic commissioners and to the holders of the road service licence under which that service is authorised;
  2. (c) so as unreasonably to prevent access to any station or depot of any passenger road transport operators.

(4)—

  1. (a) The terminal authority shall, whenever possible, provide a proper temporary substitute way before interruping the traffic on any highway referred to in paragraph (b) of subsection (3) of this section.
  2. (b) the terminal authority may execute and do all necessary works and things for keeping any such highway open to traffic.

(5) Any person who suffers loss by reason of the exercise of the powers of this section in relation to any private right of way shall be entitled to be paid by the terminal authority compensation to be determined in case of dispute under, and in accordance with, the Land Compensation Act 1961.")

Clause 40, page 24, line 5, after ("feet") insert ("or thereabouts").

Clause 40, page 24, line 6, after ("yards") insert ("or thereabouts").

Clause 40, page 24, line 8, after ("feet") insert ("or thereabouts").

Clause 40, page 24, line 10, after ("feet") insert ("or thereabouts").

Clause 40, page 24, line 11, after ("yards") insert ("or thereabouts").

Clause 40, page 24, line 13, after ("feet") insert ("or thereabouts").

THE EARL OF LAUDERDALE

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 58.

Moved, That this House doth agree with the Commons in the said Amendments.

On Question, Motion agreed to.