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Column 739

Lords amendment : No. 38, in page 117, line 29, at end insert ("Conditions to be satisfied before a compulsory rights order is made

. A compulsory rights order shall not be made or confirmed unless it is shown that it has not proved practicable to obtain the right by private arrangement because the owner has acted unreasonably and that

(a)(i) the coal in the relevant land is required to supply a market which cannot adequately be met from other sources which are currently being worked or capable of being worked where a coal-mining company has secured all the relevant planning consents and has acquired the necessary interests in land, and

(ii) the amount of marketable coal to be extracted as a result of the compulsory rights order being made exceeds 250,000 tonnes ; or (b) there is a present likelihood that the coal will remain unworked on account of other development proposed on the relevant land ; or

(c) the persons with power to grant the right, or any of them, cannot be ascertained or cannot be found ; or

(d) the persons from whom the right must be obtained or any of them, have not the necessary powers of disposition, whether by reason of defect on title, legal disability or otherwise.")

Motion made, and Question put, That this House doth disagree with the Lords in the said amendment :--

The House divided : Ayes 287, Noes 221.

Division No. 275] [7.12 pm

AYES

Ainsworth, Peter (East Surrey)

Aitken, Jonathan

Alison, Rt Hon Michael (Selby)

Allason, Rupert (Torbay)

Amess, David

Ancram, Michael

Arbuthnot, James

Arnold, Jacques (Gravesham)

Arnold, Sir Thomas (Hazel Grv)

Ashby, David

Aspinwall, Jack

Atkins, Robert

Atkinson, Peter (Hexham)

Baker, Nicholas (Dorset North)

Baldry, Tony

Banks, Matthew (Southport)

Banks, Robert (Harrogate)

Bates, Michael

Batiste, Spencer

Bellingham, Henry

Bendall, Vivian

Beresford, Sir Paul

Blackburn, Dr John G.

Body, Sir Richard

Bonsor, Sir Nicholas

Booth, Hartley

Boswell, Tim

Bottomley, Peter (Eltham)

Bottomley, Rt Hon Virginia

Bowis, John

Boyson, Rt Hon Sir Rhodes

Brandreth, Gyles

Brazier, Julian

Bright, Graham

Brooke, Rt Hon Peter

Brown, M. (Brigg & Cl'thorpes)

Browning, Mrs. Angela

Bruce, Ian (S Dorset)

Budgen, Nicholas

Burns, Simon

Burt, Alistair

Butcher, John

Butler, Peter

Butterfill, John

Carlisle, John (Luton North)

Carrington, Matthew

Carttiss, Michael

Chapman, Sydney

Churchill, Mr

Clappison, James

Clark, Dr Michael (Rochford)

Clifton-Brown, Geoffrey

Coe, Sebastian

Colvin, Michael

Congdon, David

Conway, Derek

Coombs, Anthony (Wyre For'st)

Coombs, Simon (Swindon)

Cope, Rt Hon Sir John

Cormack, Patrick

Couchman, James

Cran, James

Currie, Mrs Edwina (S D'by'ire)

Curry, David (Skipton & Ripon)

Davies, Quentin (Stamford)

Davis, David (Boothferry)

Day, Stephen

Deva, Nirj Joseph

Devlin, Tim

Dickens, Geoffrey

Dicks, Terry

Dorrell, Stephen

Douglas-Hamilton, Lord James

Dover, Den

Duncan, Alan

Duncan-Smith, Iain

Durant, Sir Anthony

Dykes, Hugh

Eggar, Tim

Elletson, Harold

Emery, Rt Hon Sir Peter

Evans, David (Welwyn Hatfield)

Evans, Jonathan (Brecon)

Evans, Nigel (Ribble Valley)

Evans, Roger (Monmouth)

Evennett, David

Faber, David

Fabricant, Michael

Fenner, Dame Peggy

Field, Barry (Isle of Wight)

Fishburn, Dudley

Forman, Nigel

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