HC Deb 15 August 1889 vol 339 cc1313-9
THE CHAIRMAN OF WAYS AND MEANS (MR. COURTNEY, Cornwall, Bodmin)

I have to move a series of alterations in the Standing Orders which relate to private Bills. They have been rendered necessary by the disappearance of turnpike roads, the substitution of the London County Council for the Metropolitan Board of Works, and the interposition of tramroads as an intermediary between railways and tramways.

Standing Order I was read, and amended:—In line 19, by leaving out after the words "Letters Patent," the words "confirming, prolonging, or transferring;" in line 51, by inserting after the word "port," the words "public carriage road;" in line 71, by leaving out after the word "tunnel," the words "turnpike or other public carriage road."

Standing Order 8 was read, and amended, in line 1, by leaving out the words "for confirming or prolonging or otherwise."

New Standing Order to follow Standing Order 8.

Ordered— That in addition to the ordinary notices, notice of the intention to apply to Parliament for a Bill relating to letters patent shall be published twice in the Official Journal of the Patent Office, before the introduction of the Bill in this House; and the total amount of fees, including the prescribed free for enlargement, under 17 of 'The Patents, Designs, and Trade Marks Act, 1883,' due and to become due on the patent shall be deposited with the Comptroller before the meeting of the Committee on the Bill, and such deposit proved before the Committee.

Ordered, That the said Order be a Standing Order of this House.

Standing Order 9 was read, and amended, in line 3, by leaving out the word "and," and inserting the word "or;" in line 34, by leaving out after the word "days," all the words to the word "and," inclusive, in line 36.

Amendment moved, in Standing Order 22, line 10, after "1870," to insert— Except that in the case of tramways situate within the area of the county of London, the London County Council shall he substituted for the Metroplitan Board of Works. Question proposed, "That those words be there inserted.

MR. MURPHY (Dublin, St. Patrick's)

I quite understand the meaning of this alteration of the Standing Order, but I should like to have an explanation from the Chairman of Ways and Means. As I understand Standing Order 22, it provides that the Local Authorities, under the Tramway Act of 1870, should give their assent to the promotion of any Bill for the laying down of a tramway before such Bill can be introduced into Parliament. In that Act the authority for London is described as the Metropolitan Board of Works. I understand that in London the practice has been to require not only the assent of the Metropolitan Board of Works, for whom the London County Council is now substituted, but also the assent of the Local Authorities, such as the Vestries and Local Boards. What I wish to know is whether this dual assent will still be required in the Metropolis. It does not appear to be a requirement in reference to any other part of the kingdom, and I wish to know if the new Standing Order will make any alteration in the old practice.

MR. COURTNEY

The first part of the Standing Order will remain unaltered, and it requires the assent of the Road Authority, where in any district there is a Road Authority, distinct from the Local Authority.

Amendment put, and agreed to.

Standing Order 28 was read, and repealed.

New Standing Order to follow Standing Order 27:—

Ordered— That where the work or any part thereof will he situate within the Administrative County of London, or where powers are sought to take any lands within the said County, a copy of so much of the plans, sections, and book of reference as relates to lands within the said County shall, on or before the 30th day of November, be deposited at the Office of the London County Council.

Ordered, That the said Order be a Standing Order of this House.

Standing Order 34 was read and Amended:—

In line 3, by leaving out the words "Metropolis, as defined by 'The Metropolis Management Act, 1855,'" and inserting the words "Administrative County of London."

In line 4, by leaving the words "Metropolitan Board of Works," and inserting the words "London County Council."

Standing Order 35A was read, and amended, in line 7, by inserting after the words "in all cases," the words "other than those of Companies registered under 'The Companies Act, 1862.'"

Amendment moved, in Standing Order 37, line 2, after "Tramway," insert "Tramroad."

Question proposed, "That Tramroad be there inserted."

MR. MURPHY

I hope the right hon. Gentleman will explain the necessity for this alteration. The word "tramway" is a well understood definition, and in some recent decisions it has received a distinct interpretation. Why should "tramroad" be substituted?

MR. COURTNEY

It is not proposed to substitute "tramroad" for "tramway," but simply to add "tramroad." There is a distinction between the two; the "tramway" runs along an existing road, whereas the "tramroad" may make a way for itself.

Question put, and agreed to.

Standing Order 43 was read, and amended, in line 1 by leaving out the the words "turnpike roads."

Amendment moved, in Standing Order 45:—Line 38, after "plans," add the following new paragraph:—"The preceding paragraph should apply, in the the case of a Tramroad, wherever it is carried along a street or road."

Question proposed, "That those words be there added."

MR. MURPHY

The words which the right hon. Gentleman now proposes to add to this Standing Order do not square with the definition he gave a moment ago. He said that the distinction between a tramway and a tramroad was that one runs along an existing road, whereas the other makes a road for itself. I am afraid that the introduction of a new word which actually means the same thing will only lead to confusion.

MR. COURTNEY

I fear that I did not make myself properly understood. I did not say that a tramroad for the whole of its way is made independently of a public highway. Part of it may be on its own road, and part of it upon a highway, and the object of this alteration of the Standing Order is to provide that if it runs along a portion of a street or a highway it shall come within the Standing Order.

Question put, and agreed to.

Standing Order 47 was read, and amended, in line 9, by leaving out the words "turnpike or other," and inserting the word "public."

Standing Order 51 was read, and amended:—In line 1, by leaving out the words "turnpike road;" in line 7, by leaving out the words "turnpike road."

Standing Order 52 was read, and amended:—In line 2, by leaving out the words "turnpike road;" inline 12, by leaving out the words "turnpike road or."

Standing Order 62 was read, and amended, by adding, at the end, the words— So far as any such Bill relates to a separate undertaking in any Company as distinct from the general undertaking, separate meetings shall be held of the proprietors of the Company, and of the separate undertaking, and the provisions of this Order applicable to meetings of proprietors of the Company shall mutatis mutandis apply to meetings of proprietors of the separate undertaking.

Standing Order 75 was read, and amended, in line 2, by inserting after the word "Company," the word "society."

Standing Order 132 was read, and amended, in line 2, by inserting after the word "Company," the word "society."

Standing Order 145 was read, and amended, in line 2, by leaving out the word "turnpike," and inserting the words "public carriage."

Standing Order 155 was read, and amended:—In line 3, by leaving out the words "turnpike road," and inserting the word "Tramroad"; in line 4, by leaving out the word "other"; in line 4, by leaving out the words "carriage way," and inserting the words "carriage road"; in line 6, by inserting after the word "Report," the words "and hearing the officer, if the Committee think fit."

Standing Order 157 was read, and amended:—In line 9, by leaving out the words "turnpike road"; in line 9, by inserting after the word "Railway," the words "Tramway, Tramroad."

Standing Order 158 was read, and amended:—In (b) line 26, by inserting after the word "passengers," the words "and to such Clause the Committee may, if they think fit, add a proviso to the following effect;" in (d) line 7, by inserting after the word "years," the words "of a new Tramroad three years"; in (d) line 10, by inserting after the word "years," the words "of a Tramroad two years."

New Standing Order, to follow Standing Order 166:—

Ordered— That every Bill by which a Railway, Canal, or Tramroad Company is incorporated shall contain a Clause to the following effect:— Section 24 of 'The Railway and Canal Traffic Act, 1888," and any enactment which may be passed in the present or any future Session of Parliament extending or modifying that enactment shall, with any necessary modifications, apply to the Company in all respects as if it were one of the Companies to which the provisions of the said enactment in terms applied. Provided that the time within which the revised schedule of maximum rates and charges prescribed by the said section shall be submitted to the Board of Trade shall be three years from the date of the passing of this Act, or such further time as the Board of Trade may permit.

Ordered, That the said Order be a-Standing Order of this House.

Standing Order 167 was read, and amended:—

In line 37, by inserting after the word "otherwise" the words— And the Committee on the Bill shall report to the House whether or not they have allowed such interest.

By leaving out lines 47 to 52.

Standing Order 168B was read, and amended, by leaving out, in line 4, the words "Regulation of Railways Acts, 1873 and 1874," and inserting the' words "Railway and Canal Traffic Acts, 1873 and 1888."

New Standing Order to follow Standing Order 168B:—

168C. Ordered— That in every Tramroad Bill the length of so much of any Tramroad as is to be constructed along any street or road, or upon any street or road, or upon any waste or open ground by the side of any street or road, shall be set forth in miles, furlongs, chains, and links or yards, or decimals of a chain, in the clause describing the works.

Ordered, "That the said Order be a Standing Order of this House."

Standing Order 175 was read, and amended, in line 1, by leaving out the words "confirming of," and inserting the words "restoring any."

Standing Order 194 was read, and amended, in line 1, by leaving out the words "Metropolitan Board of Works," and inserting the words "London County Council."

Standing Order 202 was read, and amended, by leaving out from the beginning of the Order to the word "and," inclusive, in line 6.

Standing Order 207 was read, and amended, in line 3, by inserting after the word "amendment," the words "or any Motion relating to a Private Bill."