HC Deb 12 April 1892 vol 3 cc1257-60

Order for Committee read.

*(5.9.) MR. MARJORIBANKS (Berwickshire)

I beg to move That it be an Instruction to the Committee that it have power to further amend section fifty-eight of 'The Roads and Bridges (Scotland) Act, 1878,' by enabling county road boards, under certain conditions, to construct and maintain roads and bridges for the benefit of their county within the territory of a neighbouring county, provided the consent of the County Council of the latter county be first obtained. In explanation of this Instruction I may state that, with regard to the more remote portion of the counties in Scotland, it often occurs that a county or part of a county requires an outlet, say to a railway station, and in order to get that outlet it has to traverse a portion of the territory of the neighbouring county. As the law now stands there is no power for the county requiring the outlet to construct and maintain a road or bridge in the territory of the neighbouring county. I think it will be granted that such a power is desirable, and I therefore move this Instruction without further comment.

Motion made, and Question proposed, That it be an Instruction to the Committee that it have power to further amend Section 58 of 'The Roads and Bridges (Scotland) Act, 1878,' by enabling County Road Boards, under certain conditions, to construct and maintain roads and bridges for the benefit of their county within the territory of a neighbouring county, provided the consent of the County Council of the latter county be first obtained."—(Mr. Marjoribanks.)

*(3.12.) THE LORD ADVOCATE (Sir C. J. PEARSON,) Edinburgh and St. Andrews Universities

In assenting to this Instruction as a reasonable one, I only desire to say that I do so in the belief that it will not in any way delay the Bill, which is one of considerable urgency.

Question put, and agreed to.

Bill considered in Committee.

(In the Committee.)

Clause 1.

(3.15.) MR. HOZIER (Lanarkshire, S.)

I understand that this clause is to enable the County Council to approve of a resolution to re-build any bridge that may be destroyed or seriously injured by flood, fire, or other sudden calamity, at any meeting called for the purpose. Would not the right hon. Gentleman make some change with regard to the meetings at which the Resolutions are to be approved?

*(3.16.) SIR C. J. PEARSON

I could not assent to the hon. Member's suggestion. The October meeting is the one at which the Road Trustees transact their important business, and it was thought right in 1889 that that meeting should be retained as one for the ordinary business of the county; and this Bill, while accepting that situation, introduces a special meeting by special notice only for the purposes set forth in Clause 1—that is to say, for the purpose of dealing with the cases of bridges which have been destroyed by flood, fire, or other sudden calamity. I could not now assent to make a change generally, because I think there is a great deal to be said against allowing the repair or the re-building of bridges, which has for a long time been in contemplation, to be the subject of special meetings. These matters might well be relegated to the October meeting.

Clause agreed to.

Remaining Clauses agreed to.

New Clause— Notwithstanding the terms of Sub-section 16 of the Local Government (Scotland) Act, 1889, any assessment leviable under Section 58 of the Roads and Bridges (Scotland) Act, 1878, for the re-building of bridges destroyed or injured as in the preceding sections mentioned may be imposed and levied as the County Council may determine, either on the county (subject to the provisions as to the insular districts contained in the said section) or on the district or districts within which such bridge is situate, partly on the county and partly on such district or districts, and such assessments shall be paid one-half by the proprietor and the other half by the tenant or occupier of the land and heritages on which the same shall be imposed, provided that nothing in the Local Government (Scotland) Act or this Act shall prejudice the power of borrowing for the purpose of such re-building conferred by Section 58 of the Roads and Bridges (Scotland) Act, 1878, and any assessment in respect of such borrowing may be imposed and shall be payable as under the section before mentioned,"—(The Lord Advocate,) —brought up, and read the first time.

Motion made, and Question proposed, "That the Clause be read a second time."

MR. CRAWFORD (Lanark, N.E.)

I wish to ask the Lord Advocate whether the effect of the clause will be to make any difference in the incidence of rating between owners and occupiers?

SIR C. J. PEARSON

No, Sir. I am not aware that the clause will have any such effect. It will give the County Council power to lay the cost of rebuilding the bridge upon the district within which it is situated, and to confer upon them the power to lay the cost partly on the county and partly on the district.

Question put, and agreed to.

Clause added to the Bill.

New Clause— Where the Road Board of a county shall, with the approval of the County Council, enter into an agreement with the County Council or Road Board of an adjoining county for the construction of any new road or bridge, under Section 58 of 'The Roads and Bridges (Scotland) Act, 1878,' and the portion of the new road or bridge situate in the latter county shall be made and maintained for the benefit of the former county, it shall be competent to impose and levy the assessment for defraying the expense of the construction and maintenance of the portion of the new road or bridge situate in the latter county upon and from the persons liable to be assessed for the construction and maintenance of new roads or bridges in the former county, in the same manner and with the same powers of recovery as if the whole of the new road or bridge had been situate in the former county,"—(Mr. Marjori-banks,) —brought up, read the first and second time, and added to the Bill.

House resumed.

Bill reported; as amended, to be considered upon Monday, 25th April, and to be printed. [Bill 291.]