HL Deb 17 November 1976 vol 377 cc1366-71

[References are to Bill (162) as first printed for the commons]

[Nos. 1 and 2.]

Clause 1, page 2, after "(5)" insert "Subject to subsection (5A) below,".

Clause 1, page 2, line 22, at end insert— (5A) Except so far as it is authorised under section 3(1)(h) of this Act, the Board shall not engage in farming any land held by it or in forestry or afforestation on such land.

The LORD CHANCELLOR

My Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 and 2 en bloc. It may be convenient to consider with this Motion Amendments Nos. 8, 11, 26 and 28, which are co-related.

Amendment No. 1 is consequential to Amendments Nos. 2 and 8 which insert new subsections (5A) in Clause 1 and subsection (2) in Clause 3, requiring the Board not to use any land it holds for the purposes of farming or for forestry or afforestation except when such use is likely to facilitate the discharge of the Board's functions or is incidental or conducive to their discharge under

Baroness ELLES

My Lords, I thank the noble and learned Lord for having made these further comments. I should add that under the definition of farming in Amendment No. 28 there is in fact no mention of fishing or fisheries, though there is practically every other form of farming that one can think of. Possibly the drafters were not so keen on water as are other noble Lords and noble Baronesses. What concerned us, and I shall accept the noble and learned Lord's undertaking, was the definition in Clause 3(1)(h) concerning the Board's powers to facilitate the discharge of its functions, and of course it does depend on how one defines "functions" as to whether that would include the acquisition of land or not. Since the noble and learned Lord assures the House that it is only incidental to their functions that the management of land would occur, we shall accept this Amendment.

On Question, Motion agreed to.