Clause 4, page 6, line 40, at end insert—
("(7) The last preceding subsection shall apply to the exercise of any power conferred by section thirteen of the Dockyard Ports Regulation Act, 1865 (which relates to the removal of obstructions to dockyard ports), as it applies to the exercise of any such power as is mentioned in paragraph (a) of that subsection, as if references to the authority exercising the power were references to the Queen's harbour master for the port in question.")
§ THE EARL OF SELKIRK
My Lords the liability placed by Clause 1 is an absolute liability, and accordingly Clause 4 deals with certain special defences. It deals, amongst other things, with authorities responsible for removing wrecks. These defences are of no avail, however, if it is shown that these authorities have failed to take such steps as were reasonable in the circumstances for stopping or reducing the discharge. The Amendment makes these defences available to anyone exercising the powers conferred by Section 13 of the Dockyard Ports Regulation Act, 1865. These particularly include the Queen's harbour master who in this respect has certain duties to perform not so far covered by the special defences. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Earl of Selkirk.)
§ On Question, Motion agreed to.