CLAUSE 5.—(Transfer to Board of Passenger Transport Undertakings.) (Hansard, 13 February 1933)

§ Mr. PYBUS
I beg to move, in page 6, line 40, to leave out the words "sinking funds," and to insert instead thereof the words: moneys representing any fund established by the authority for the redemption of any loan raised by them for the purposes of the transferred undertaking. This Amendment is purely drafting. It is part of the terms of acquisition of 674 the undertakings that the sinking funds established by the authorities for the redemption of their debt shall remain with the authorities and be excepted from transfer to the board. There may, however, be sinking funds for other purposes, such as renewals, which should pass to the board as part of the transferred undertakings. The Amendment is to make it clear that only moneys representing sinking funds established by the authority for the redemption of loans shall be excluded from the transfer.

§ Mr. PYBUS
I beg to move, in page 8, line 8, after the word "Limited," to insert the words: including all lands, works, and other property, powers rights, and privileges held or enjoyed in. connection therewith or appertaining thereto (other than investments, cash, or other liquid assets or book debts and the freehold premises comprising a garage situate in Bisector Road, Aylesbury, in the county of Buckingham, and any rights or interests of the undertakers in any other undertaking). This is also a drafting Amendment and is intended to define the extent to which the undertaking of the Premier Line, which may be taken over by the board. The Amendment has been agreed with the Premier Line, Limited.

§ Mr. PYBUS
I beg to move, in page 10, line 22, after the first "the," to insert the word "County."
This is a drafting Amendment. Corydon is a county borough.

The PARLIAMENTARY SECRETARY to the MINISTRY of TRANSPORT (Lieut.-Colonel Headlamp)
I beg to move, in page 10, line 30, at end, to insert the words: (x) in respect of any roads whereon any light railway is laid by virtue of the Middlesex Light Railways Orders, 1901 to 1932, the Board shall be subject to the same liability to repair, maintain, and keep in good condition parts of the roads of which the Middlesex County Council are the highway authority as they are, by virtue of the transfer effected by this Section, subject to in respect of parts of the roads of Which the said county council are not the highway authority; and the said county council shall, in respect of the roads of which they are the highway authority, have all the powers, 675 rights, and privileges which by the County of Middlesex Light Railways Orders, 1901 to 1932, and Part IV of the Middlesex County Council Act, 1925, are vested in highway authorities other than the said county council; and (xi) the liability of the Middlesex County Council under sub-section (2) of Section twenty-five of the County of Middlesex Light Railways Order, 1901, sub-section (2) of Section twenty-five of the County of Middlesex Light Railways Order, 1903, and sub-section (2) of Section twenty-five of the County of Middlesex (Waltham Cross and Enfield) Light Railways Order, 1906, or under any of the said sub-sections as incorporated with, or made applicable, to the County of Middlesex Light Railways Orders, 1901 to 1932, shall continue to be and shall be deemed always to have been discharged by the Middlesex County Council as highway authority. This Amendment, which has been agreed with Middlesex County Council, is necessary because in certain of the Light Railway Orders under which the Middlesex County Council work they are obliged to maintain the whole of the road; not only the tramway track and 18 inches on each side of it but the whole road. The county council in the past have been advised that, notwithstanding the provision under these orders, the charges could be on their highway expenditure and not on their light railway account. This is not a particularly satisfactory arrangement and the county council agree that when the board takes over it shall be put in an unassailable position. The effect of the Clause will be that the board will be freed from the obligation of road maintenance and will be merely subject to the same rules as corresponding light railways and tramways under their superintendence. It will be settled beyond all question by this Amendment that the county Council is the responsible authority for the maintenance of the rest of the road.