HL Deb 25 October 1972 vol 335 cc2238-43

[Nos. 60–103.]

Clause 41, page 24, line 33, after ("the") insert ("entrance to the") and leave out ("entrance") and insert ("as it exists at the passing of this Act").

Clause 41, page 24, line 36, after ("the") insert ("entrance to the") and leave out ("entrance") and insert ("as it exists at the passing of this Act").

Clause 44, page 25, lines 27 and 28, leave out ("Notwithstanding anything in any other enactment but").

Clause 44, page 26, line 27, after ("that") insert ("(a)").

Clause 44, page 26, line 28 leave out from ("passengers") to the end of line 29 and insert—

("(b)The provisions of section 31 of the Land Drainage Act 1961 shall apply to the execution of arty works under this subsection in, over or under any part of Afon Goch.")

Clause 44, page 27, line 18, leave out ("paragraph") and insert ("subsection").

Clause 44, page 27, line 33, leave out ("telegraphic communication") and insert ("telecommunication").

Clause 44, page 27, line 39, leave out ("telecommunications") and insert ("telecommunication").

Clause 46, page 28, line 17, at end insert ("for Trade and Industry").

After Clause 46, insert Clause 46A:

("Compulsory pilotage.

46A.—(1) For the purposes of the Pilotage Act 1913 and of any byelaw made there-under Works Nos. 1 and 2 shall be deemed to be a port in a pilotage district in which pilotage is compulsory and for which the Mersey Docks and Harbour Company is the pilotage authority.

(2) Pilotage for a vessel bound for the Company's works shall be compulsory as soon as the vessel comes within the limits of the pilotage district and shall continue to apply for a movement of the vessel from or to the Company's works until the vessel has finally passed seaward out of the pilotage district.

(3) In this section "the pilotage district" has the same meaning as in the Liverpool Pilotage Order 1920.")

After Clause 46 insert Clause 46B:

("Restriction on use of company's works.

46B. Except with the consent of the Secretary of State for Trade and Industry and of the Secretary of State for Wales the Company shall not use or permit to be used the Company's works for the loading into vessels of crude oil.")

Clause 47, page 29, line 7, after ("State") insert ("for Wales")

Clause 47, page 29, line 11, after the second ("the") insert ("said").

Clause 48, page 29, line 38, leave out Clause 49 and insert Clause 49A—

"Amendment of accounts regulations

49A.—(1) The Statutory Harbour Undertakings (Form of Accounts etc.) (Local Authorities) Regulations 1969 are hereby amended by the addition in Schedule 1 to those regulations of words "Anglesey County Council" before the words "Bideford Corporation".

(2) The amendment made by subsection (1) of this section shall not prejudice in any way the power of the Secretary of State for the Environment to rescind, revoke, amend or vary the said regulations by further regulations made under section 42 of the Act of 1964.").

Clause 50, page 30, line 30, after ("undertaking") insert ("including the interest received by the terminal authority in that year on any reserve fund which the terminal authority may from time to time be authorised to set up when the said fund amounts to the prescribed maximum")

Clause 50, page 30, line 33, leave out from ("undertaking") to the second ("the") in line 35 and insert ("property chargeable to revenue").

Clause 52, page 32, line 14, leave out ("altered") and insert ("erected, renewed,")

Clause 52, page 32, line 15, leave out ("or") and after ("extended") insert ("altered or reconstructed").

Clause 52, page 32, line 16, after ("State") insert ("for Trade and Industry").

Clause 52, page 32, line 18, leave out ("altered") and insert ("erected, renewed,") leave out ("or") and at end insert ("altered or reconstructed").

Clause 52, page 32, line 21, after ("State") insert ("for Trade and Industry").

Clause 52, page 32, line 27, after the third ("the") insert ("said"). line 30, after ("the") insert ("said").

Clause 52, page 32, line 33, after ("the") insert ("said").

Clause 53, page 33, lines 3 and 4, leave out ("shall be guilty of an offence and").

Clause 54, page 33, line 8, after ("State") insert ("for Trade and Industry").

Clause 54, page 33, line 12, after ("the") insert ("said").

Clause 54, page 33, line 20, at end insert ("for Trade and Industry").

Clause 54, page 33, line 26, after ("State") insert ("for Trade and Industry").

Clause 55, page 33, line 30, after ("State") insert ("for Trade and Industry").

Clause 55, page 33, line 33, after ("the") insert ("said").

Clause 56, page 33, lines 42 and 43, leave out ("shall be guilty of an offence and").

Clause 57, page 34, line 2, after ("construction") insert ("erection").

Clause 57, page 34, line 6, after ("State") insert ("for Trade and Industry").

After Clause 58 insert Clause 58A.

("For protection of Post Office

58A.—(1) Nothing in section 15 (Power to dredge) or section 46 (Power to company to dredge) of this Act shall authorise any interference with any subaqueous cable belonging to or used by the Post Office.

(2) As early as possible, and in any event not less than twenty-eight days, before any exercise of their powers under subsection (1) of the said section 15 or subsection (1) of the said section 46 within a distance of fifty yards or, in the case of blasting operations, one hundred and fifty yards of any subaqueous cable belonging to or used by the Post Office, the terminal authority or the Company (as the case may be) shall give notice in writing to the Post Office of such intended exercise.

(3) No material taken up or collected in the course of any such operations as are referred to in the said subsection (1) of section 15 and no materials dredged in the exercise of the powers conferred by the said subsection (1) of section 46 shall be laid down or deposited in any place or manner so as to cover any subaqueous cable belonging to or used by the Post Office or to impede in any way the inspection, maintenance, removal or renewal of any such cable")

After Clause 58 insert Clause 58B:

("For protection of pilotage authority and Liverpool Pilots' Association

58B. For the protection of the pilotage authority and the Liverpool Pilots' Association the following provisions shall, except as may be otherwise agreed in writing between the pilotage authority and the said association and the terminal authority, apply and have effect:—

(1) In the exercise of the powers of section 14 (Maintenance and improvement of terminal undertaking) and section 41 (Power to terminal authority to construct works) of this Act the terminal authority shall so far as is reasonably practicable avoid any interruption or obstruction of the customary use by pilots and their vessels of the harbour and its approaches for purposes of pilotage, including the landing or embarkation of pilots and the mooring of such vessels, and if at any time such interruption or obstruction occurs to an extent which renders it reasonably necessary that suitable alternative facilities be made available for use by such pilots and vessels the terminal authority shall at their expense make them available without charge, together with suitable access thereto.

(2) Nothing in this Act shall prejudicially affect or derogate from any customary practice or usage of the pilotage authority (other than the use of the harbour without the payment of ship dues or charges in respect of vessels of the pilotage authority) and the powers conferred on the terminal authority and on the harbour master by this Act or by any byelaws made under or by virtue of this Act shall subject to the harbour master's obligation to ensure the safety of shipping and the operation of the terminal within the limits of the terminal, be so exercised as not to prejudicially affect or derogate from the proper discharge of the statutory functions of the pilotage authority.

(3) Any difference arising between the pilotage authority the said association and the terminal authority under this section (other than a difference as to the meaning thereof) shall be referred to and determined by an arbitrator to be appointed by agreement between the parties, or, in default of agreement, to be appointed on the application of any party after giving notice in writing to the others, by the Secretary of State for Trade and Industry.

After Clause 58 insert Clause 58C:

("Local inquiries

58C.—(1) Any Minister of the Crown may cause such local inquiries to be held as he may consider necessary for the purpose of any of his functions under this Act.

(2) Subsections (2) to (5) of section 290 of the Local Government Act 1933 shall apply in relation to any such inquiry; and for that purpose the definition of "department" in subsection (8) of that section shall include any Minister of the Crown having functions under this Act.

(3) In this section "Minister of the Crown" has the same meaning as in the Ministers of the Crown (Transfer of Functions) Act 1946.")

After Clause 59 insert Clause 59A:

("Continuance of terminal authority

59A.—(1) Notwithstanding anything to the contrary contained in any public general Act passed during the present session of Parliament which makes provision with respect to local government and the functions of local authorities in England and Wales if such Act establishes—

  1. (a) a local government area to be known as a district comprising the area of the county specified in subsection (2) of this section and establishes a council for that district; and
  2. (b) establishes areas to be known as communities and provides that the urban district shall become a community of the urban district and shall be known by the name of the urban district

on and after 1st April, 1974—

  1. (i) the functions conferred by this Act on the Council shall be exercised by the Council of the district referred to in paragraph (a) of this subsection;
  2. (ii) for references in this Act to the Council there shall be substituted references to the council of that district;
  3. (iii) for references in this Act to the county there shall be substituted references to that district;
  4. (iv) for references in this Act to the district council there shall be substituted references to any community council elected for that area.

(2) The area of the county hereinbefore referred to comprises the following areas as they exist immediately before the passing of this Act—

  1. (a) the borough of Beaumaris;
  2. (b) the urban districts of Amlwch, Holyhead, Llangefni and Menai Bridge;
  3. (c) the rural districts of Aethwy, Twrcelyn and Valley.")

Clause 62, page 34, line 34, leave out ("220") and insert ("289").

Clause 62, page 34, line 35, leave out ("1962") and insert ("1971").

Clause 62, page 34, line 37, leave out ("Acts 1962 to 1968") and insert ("Act 1971").

Clause 62, page 35, leave out lines 1 to 7 and insert—

("(2) In their application to development authorised by this Act, article 3 of, and Class XII in Schedule I to, the Town and Country Planning General Development Order 1963 shall have effect as if the authority to develop given

  1. (a) by this Act in respect of Works No. 1 to 10 were limited to such development begun within five years after the passing of this Act; and
  2. (b) by section 43 (Power to Company to make subsidiary works) of this Act were limited to development carried out within twelve months of the completion of the Company's works; and
  3. (c) by section 44 (Power to terminal authority to make subsidiary works) of this Act were limited to development carried out within twelve months of the completion of the terminal authority's works.")

Clause 62, page 34, line 12, leave out ("14") and insert ("24") and leave out ("1962") and insert ("1971").

Clause 66, page 35, line 26, after ("passing") insert ("of").

THE EARL OF LAUDERDALE

My Lords, I beg to move, That this House doth agree with the Commons in their remaining Amendments, Nos. 60 to 103.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Earl of Lauderdale.)

On Question, Motion agreed to.