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Clause 45—(Supplementary Provisions As To Diversion And Extinguish- Ment Orders)

Volume 467: debated on Tuesday 19 July 1949

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I beg to move, in page 36, line 14, at the end, to insert:

"(4) A diversion order or extinguishment order shall not be made so as to extinguish a right of way over land on, over or under which there is any apparatus belonging to statutory undertakers unless the undertakers consent to the making of the order, and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.
The consent of statutory undertakers to any such order shall not be unreasonably refused, and any question arising under this subsection whether any requirement or refusal is reasonable shall be determined by the appropriate Minister."
The purpose of the Amendment is to give special protection to statutory undertakers who might be damaged by the making of a diversion order or an extinguishment order, or whose apparatus might suffer damage.

Amendment agreed to.