§ (1) For the purpose of the maintenance, repair, improvement, and enlargement of or dealing with any road or bridge constructed by the Road Board, the Board shall have the same powers (except the power of levying a rate (and be subject to the same duties as a county council have and are subject to as respects main roads, and may further exercise any powers vested in a county council for the purposes of the maintenance and repair of bridges. Every road constructed by the Road Board under the provisions of this Act shall be a public highway, and the enactments relating to highways and bridges shall apply to such roads accordingly, and the Road Board shall have the same powers as a county council for the preventing and removing of obstructions: Provided that—
- (a) All roads or paths communicating with any such road shall be made to communicate in manner to be approved by the Road Board; and
- (b) the Road Board and the council of any county or county borough may contract for the undertaking by the council of the maintenance and repair of any such road; and for the purposes of such undertaking the council of a county or county borough shall have the same powers and be subject to the same duties and liabilities as if the road were a main road vested in the county council or a road vested in the county borough council.
§ (2) Before the Treasury approve of the construction of a new road by the Road Board they shall consult with the Local Government Board and shall satisfy themselves that notice of the intention to construct the road has been sent by the Road Board to every highway authority in the district of which any part of the proposed road will be situate, and shall consider any objections to the proposed road which they may receive from any such authority.
§ Amendment made: In Sub-section (1), to leave out the words "or bridge" ["dealing with any road or bridge"].—[Sir Samuel Evans.]
§ Mr. T. H. D. BERRIDGE (for Mr. Rufus Isaacs) moved in Sub-section (1), after the word "shall" ["shall be a public highway"] to insert the words "subject to the provisions of this Section."
§ This Amendment is to pave the way to another one lower down on the Paper, and is intended to give the local authorities power to make regulations for the use of the roads.
§ Viscount MORPETH
I hope the Government will not accept this Amendment. The hon. Gentleman gave himself away upstairs, when he said his object was to keep sheep off the roads. The Bill, among other purposes, is for the development of agriculture; sheep are a product of agriculture, and it would not tend to the development of the agricultural industry if sheep were to be kept from using the highways.
§ Mr. BERRIDGE
The sole object of the Amendment was to give the local authorities power to regulate the traffic, where desirable, dividing the road into two parts, one for quick and the other for slow traffic. At present there is no power in any body to regulate the traffic on our highways. Notwithstanding what has been said, I believe such a power would 2435 be reasonably exercised. However, as the Amendment is resisted, I do not desire to press it.
§ Amendment, by leave, withdrawn.
§ Sir SAMUEL EVANS moved, in paragraph (a), to leave out the words: "All roads or paths communicating with any such road shall be made to communicate," and to insert instead thereof the words: "Communications between a road or path and a road constructed by the Road Board shall be made."
§ Sir SAMUEL EVANS was understood to assent.
§ Amendment made:
§ Mr. VERNEY moved, after the words last inserted, to add the words: "The cost of the Road Board."
§ Lord ROBERT CECIL seconded the Amendment.
§ Sir SAMUEL EVANS
I am afraid we cannot accept the Amendment. It means that the communications would not be roads at all.
§ Amendment negatived.
§ Mr. HARMOOD-BANNER moved in paragraph (b) to leave out the words "the council of any county or county borough," and to insert instead thereof the words "any highway authority in whose district any part of such road is situate."
§ In Committee upstairs this change was made in Sub-section (2) of the same Clause, and this is in order to make the two identical. As these roads will avoid populous places, it is desirable to give the Road Board power to enter into a contract with the highway authority of the district in which the roads are situated. I hope the Solicitor-General will accept this as regards this portion of the Clause.
§ Mr. A. H. SCOTT seconded the Amendment.
§ Sir SAMUEL EVANS
Having regard to the desirability of working as far as possible through the local authorities, I see no objection to these enabling words.
§ Amendment agreed to.
§ Further Amendments made:
§ In paragraph (b) to leave out the words "the council" ["by the council"], and to insert instead thereof the words "such authority."2436
§ To leave out the word "any" ["repair of any such road"], and to insert instead thereof the words "the part of."
§ To leave out the word "road" ["any such road"], and to insert instead thereof the words "in their district."
§ To leave out the words "council of a county or county borough," and to insert instead thereof the words "highway authority."
§ To leave out the word "main" ["a main road."]
§ To leave out the words "county council or a road vested in the county borough council," and insert instead thereof the words "highway authority."—[Mr. Harmood-Banner.]
§ In Sub-section (2), to leave out the word "district," and insert instead thereof the word "area."—[Sir Samuel Evans.]