HC Deb 31 December 1916 vol 88 cc1690-2

(1) Where, in the exercise of any prerogative right of His Majesty or any powers conferred by or under any enactment relating to the defence of the realm for purposes connected with the present War, any railway or tramway or any cable line or pipes have been laid along, across, over, or under any public highway, it shall be lawful after the termination of the War for the railway or tramway or the cable line or pipes to continue to be used and maintained along, across, over or under the highway, subject to such conditions as the Board of Trade, in the case of railways and tramways, and in other cases as the Commission, after giving the local authority and the authority or person responsible for the maintenance of the highway or of any other railway or tramway laid thereon an opportunity of being heard, may by Order prescribe, and any such authority or person may apply to the Board or Commission to make such an Order: Provided that where any such railway or tramway crosses the roadway on. the level it shall not be lawful to use the crossing after the expiration of two years from the termination of the present War without the consent of the local authority.

(2) In the event of the use of any such railway or tramway being discontinued, the Government Department by whom it was laid down or used shall take up and remove the rails and restore the road or street on which they are laid to the satisfaction of the authority or person responsible for the maintenance of such road or street.

(3) Where in exercise of any such right or powers as aforesaid any public highway has been closed, it may be kept closed after the termination of the present War, but not, by virtue of this Section, beyond the expiration of twelve months after such termination unless the consent of the Commission is obtained, and the Commission before giving such consent shall give to the local authority and the authority or person responsible for the maintenance of the highway an opportunity of being heard, and the Commission may require as a condition of their consent the provision of another highway in the place of the highway so closed, and any person interested in any land adjoining any highway so closed who suffers loss or damage in consequence of the closing thereof shall be entitled to such compensation as, in -default of agreement, the Commission determine to be the amount of such loss or damage.

(4) For the purposes of this Section the expression "local authority" means, in the case of a borough or urban district, the council of the borough or urban district, and elsewhere the county council.

(5) Where any such railway, tramway, cable line, or pipes have been laid along, across, over, or under any public highway, or a public highway has been closed, in pursuance of an agreement with or subject to any undertaking given to, the highway authority, nothing in this Section shall authorise the continuance of the user of the railway, tramway, cable line, or pipes, or the continuance of the closing of the highway beyond the time specified in the agreement or undertaking without the consent of the highway authority.

Lords Amendments:

In Sub-section (1), after the word "exercise"["exercise of any perogative right of His Majesty"], insert the words "or purported exercise."—Agreed to.

After the word "realm"["realm for purposes connected with the present War"], insert the words "or by agreement or otherwise."—Agreed to.

In Sub-section (2), leave out the words "road or street"["road or street on which they are laid"], and insert instead thereof the word"highway."—Agreed to.

Leave out the words "road or street," and insert instead thereof the word"highway."—Agreed to.

In Sub-section (3), leave out the words "the Commission determine"["the Com- mission determine to be the amount of such loss or damage"], and insert instead thereof the words may be determined in manner provided by this Act."

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."

Sir T. WALTERS

I want to be perfectly clear as to the meaning of this Amendment. It is a long paragraph, or Subsection, dealing with the question of highways which may be stopped up or diverted. The original scheme of this Bill was that the whole question as to whether substituted highways must be provided was to be left to the Commission, as the right and proper body to deal with the matter. But this particular Amendment, occurring at the end of the paragraph, apparently only provides that the amount of compensation to be paid is to be determined by the particular tribunal set up by the Act. I want to be clear whether questions which arise under the earlier portion of the Sub-section, as to whether a highway is or is not sufficient, whether it is to be diverted, or whether another is to be substituted for it, are still matters within the jurisdiction of the Commission, and that only in the event of the Commission deciding that a claim for compensation exists and referring it to the tribunal— only in such case does the jurisdiction of the tribunal arise.

Sir G. CAVE

That is clearly so. It is only where compensation is in question that the tribunal may come in.

Question put, and agreed to.

Lords Amendments:

In Sub-section (5), leave out the words "highway authority"["highway authority, nothing in this Section shall authorise"], and insert instead thereof the words "authority or person responsible for the maintenance of the highway."— Agreed to.

Leave out the words "highway authority," and insert instead thereof the words "authority, or person so responsible."—Agreed to.