HC Deb 09 December 1927 vol 211 cc1743-4W
Sir T. DAVIES

asked the President of the Board of Trade if he is aware that in the Bath Gas Special Order, as presented to the House and proposed to be made by the Board of Trade, no Clause is inserted for the protection of the Gloucestershire County Council with regard to the reinstatement of county main roads which may be broken up for the purpose of laying gas mains, etc., similar in effect to the Clause which has been inserted for the protection of road authorities by the Ministry of Transport and by the Electricity Commission in the Cheltenham Electricity (Extension) Special Order and the West Gloucestershire Electricity (Extension) Special Order, respectively, to all of which Orders the provisions of Section 10 of the Gas Works Clauses Act, 1847, as to the reinstatement of roads apply; and, if so, what is the reason for the omission?

Sir B. CHADWICK

I am aware of the facts to which my hon. Friend directs attention. I understand, however, that the Clause to which reference is made was, in each of the instances cited, ultimately agreed to by the respective promoters though, in the first instance, objection had been taken. In the case of the Bath Order no agreement was reached, and, at the public inquiry which was held, no circumstances peculiar to Bath were alleged to exist. Accordingly, there appeared to the Board no valid reason for departing from the provisions of the general code relative to the reinstatement of roads opened by public utility bodies. I would remind my hon. Friend that as late as November, 1925, similar questions were carefully considered in connection with the Northampton Gas Order, and in that Order the Board's decision was upheld.