HC Deb 17 December 1936 vol 318 cc2784-6

Order read for Consideration of Lords Amendments.

11.13 p.m.

The PARLIAMENTARY SECRETARY to the MINISTRY of TRANSPORT (Captain Austin Hudson)

I beg to move, "That the Lords Amendments be now considered."

They are nearly all drafting Amendments. I will call attention to any that are not drafting.

Lords Amendments considered accordingly.

CLAUSE 1.—(Transfer of trunk roads to Minister of Transport.)

Lords Amendment: In page 2, line 9, leave out "such" and insert "a."

Captain HUDSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This Amendment and the next two are to make certain that an inquiry is held if the county council so desires.

CLAUSE 12.—(Application to Scotland.)

Lords Amendment: In page 16, line 10, leave out Sub-section (6) and insert new Sub-sections: ("(6) No appeal shall lie under section one hundred and thirty-two of the Burgh Police (Scotland) Act, 1892, against any terms or conditions arranged by the Minister which he declares to be necessary for the purpose of securing the safety of persons using the trunk road or of preventing interference with traffic on the road. (7) Sub-section (3) of Section one of this Act shall have effect as if in paragraph (b) thereof for the words 'the part of the trunk road to he so superseded as aforesaid shall become a county road' there were substituted the words 'the Minister shall cease to be the highway authority for the part of the trunk road to be so superseded as aforesaid.' (8) When in pursuance of Sub-section (3) of Section one of this Act as modified by the last foregoing Sub-section the Minister has ceased to be the highway authority for any part of a trunk road, the highway authority for the said part shall be such local authority as would have been responsible for the maintenance and management thereof, if the road had never become a trunk road and the provisions of any Act regarding the functions of local authorities in relation to the said part shall have effect accordingly.")

Captain HUDSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

Sub-section (6) is to restore a, certain right of appeal which we restore by the first Amendment on page 3 in the case of England. Sub-sections (7) and (8) are to ensure that when a trunk road in Scotland reverts to the former highway authority, the position shall be precisely the same as it would be under the 1929 Act. The whole provision of Sub-section (7) and (8) is to make more clear what this House desires.

Mr. DEPUTY-SPEAKER

I must call attention to the fact that this Amendment raises a question of Privilege.

Mr. DEPUTY-SPEAKER

A special entry will be made in the Journals of the House.

Lords Amendment: In page 17, line 7, at the end, insert: ("(11) Nothing in subsection (1) of section seven of this Act shall be construed as transferring to the Minister any dwellings for road workmen provided or erected by a county council in pursuance of paragraph (c) of subsection (1) of section three of the Local Government (Scotland) Act, 1908.")

Captain HUDSON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is to ensure that the road workmen's dwellings remain with the county councils as the county councils themselves desire.

Subsequent Lords Amendments to page 33, line 22, agreed to.