HC Deb 13 February 1929 vol 225 cc447-8
Sir EDMUND TURTON

I beg to move, in page 26, to leave out from the word "that" in line 11, to the word "as" in line 13.

The object of my Amendment is, of course, in order to insert the words which appear subsequently on the Paper: a county council shall be entitled to exercise concurrently with a rural district council the functions conferred upon rural district councils by the Local Government Act, 1894. The House will be aware that, under Section 26 of the Local Government Act, 1894, the duty of the district council was to protect public rights of way and to prevent unlawful encroachments on roadside wastes. There is no desire whatever to interfere with the rights of the district council or in any way to amend that Section, but I submit to the Minister that it would be both illogical and inconvenient that when these matters are transferred to the county councils they should not have concurrent powers with the district councils in regard to these matters. I am sure everyone would desire that every possible facility should be given to public authorities, not only to preserve rights of way but also to prevent unlawful encroachments on wayside land, and, therefore, all we ask in this Amendment is not to prevent a district council carrying out their duties, which they have done quite well in the past, but that in regard to those roads which are to be transferred to the county councils, this House will give concurrent jurisdiction to the county councils to see that these public rights are kept, and that there is no interference by anybody with those rights.

Lieut.-Colonel ACLAND-TROYTE

I beg to second the Amendment.

The MINISTER of TRANSPORT (Colonel Ashley)

I am sure everybody in this House desires that the public should be protected as regards rights of way and encroachments on roadside wastes. But, really, this Amendment is quite unnecessary. Under the Act of 1888, Section 11 (1), the county council already have power to look after roadside wastes, and that power remains, and it remains also with the rural district council under the Act of 1894. Therefore, the rights of the public are well protected. As regards rights of way, the power now vests in the rural district council. If they do not act, the county council can act, and I submit that that covers that point. After all, do let us have some sympathy with, and leave some work for the rural district councils. Surely rights of way are matters which a district council can look after, and this Amendment, I think, is quite unnecessary.

Sir E. TURTON

I beg to ask leave to withdraw the Amendment, after the assurance of my right hon. Friend.

Amendment, by leave, withdrawn.

Colonel ASHLEY

I beg to move, in page 26, line 14, at the end, to insert the words: or any functions not being functions with respect to highways exerciseable at the appointed day by rural district councils as successors to surveyors of highways or highway boards. This is a small Amendment to cover rather unusual cases. Sometimes there are cases where the rural district council is liable under enclosure awards to pay something towards the upkeep of a road or drain, and this simply continues their powers to do so. Without the Amendment their powers would cease.

Amendment agreed to.