HC Deb 30 January 1929 vol 224 cc1061-2

"Nothing in this Act with respect to main roads or county roads shall affect the liability of any person or body of persons not being a highway authority to maintain and repair any highway or part of a highway or, subject as hereinafter provided, affect any exemption from a highway rate granted under Section 33 of the Highway Act, 1835, or under any other enactment, as continued by any scheme in force under Section 64 of the Rating and Valuation Act, 1925.

Provided that for the purpose of securing the continued operation of any such exemption as aforesaid

  1. (a) the council of every county in which any such exemption is in force shall submit to the Minister a scheme making provision for the purpose aforesaid; and
  2. (b) the provisions contained or incorporated in paragraphs (b), (c), and (d) of 1062 Sub-section (2) of the said Section 64 and in the proviso to such Sub-section with respect to the making, approval, and effect of schemes to be made thereunder shall apply to schemes to be made under this Section with the substitution of references to county councils for references to rating authorities."—[The Attorney-General.]

Brought up, and read the First time.


I beg to move, "That the Clause be read a Second time."

This new Clause is required in consequence of the existence of an obligation on account of the maintenance of certain roads, an obligation known as ratione penuriae. It transfers certain road functions to the county councils, one of which is to release people who are under an obligation to maintain roads from their liability. The second part of the Clause deals with a not dissimilar subject. Certain persons under an old Highways Act or certain local Acts have enjoyed an exemption from rates in consideration of fulfilling a local liability to repair roads. It was necessary in the Eating Act of 1925 to provide some sort of scheme to bring that old system into relation with the new rating system and this part of the new Clause merely proposes to use Section 64 of the Rating Act of 1925 for the purpose of adapting that old system to this Bill also.

Clause read a Second time, and added to the Bill.