HC Deb 25 May 1950 vol 475 cc2289-91

5.45 p.m.

The Solicitor-General

I beg to move in page 10, line 15, at beginning, to insert: "If, as respects."

It would be for the convenience of the Committee if with this Amendment we considered the following six Amendments to lines 20, 27, 29, 30, and 31 because they all affect the same purpose. What they are meant to do is to make Amendments in Clause 14, which are rendered necessary by changes that have already been introduced. One of the changes was the omission of the words, "by a local authority" in Clause 14 (2) as it originally stood. The second change was in Clause 3, which makes it impossible for local authorities to rely upon the doctrine of nonfeasance in relation to the repair of cattle-grids.

The result is that if this Clause were not altered the local authority might find itself saddled with a liability to repair a cattle-grid installed by anybody, and also would have the additional liability put upon it of the non-applicability of the misfeasance Clause. The result of that is that the Amendment rather alters the form of the Clause, and instead of the catle-grid being made legal for a year until application is made to the Minister to approve the decision, the position under the combined Amendments is that the Minister may approve it, subject to special conditions, and when he approves it as being provided under the terms of the Bill then, indeed as is only fair, do the liabilities for repair lie against the local authority. All the other Amendments make this change in the Bill, and they are entirely consequential on the changes already made.

The two new subsections, in addition to what I have said, give the appropriate authority in any particular case power to carry out any works which the Minister requires as a condition of his giving his undertaking, and without that power, which is now specifically given to them, they would not be able to comply with the undertaking.

Amendment agreed to.

Further Amendments made: In line 20, leave out from "Act," to "made," in line 25, and insert "application is."

In line 27, leave out "has approved," and insert "approves."

In line 29, leave out "has given," and insert "gives."

In line 30, after "work," insert: the conclusion of an agreement under section (Contribution towards expenditure of appropriate authorities) of this Act.

In line 31, at end, insert: then as from the giving of the Minister's approval unconditionally or, as the case may be, compliance with all conditions subject to which the Minister gives his approval, the cattle-grid, works or by-pass shall be deemed to have been provided by the appropriate authority in pursuance of this Act. (3) Where the Minister gives his approval of a cattle-grid, works or by-pass subject to conditions, the appropriate authority shall have power to carry out any work, or do any other thing, which is requisite for complying with the conditions; and in particular (but without prejudice to the generality of the foregoing provisions of this subsection) sections five, eight and nine of this Act shall apply in relation to the exercise of powers conferred by the foregoing provisions of this subsection as they apply in relation to the corresponding powers conferred by the foregoing provisions of this Act."—[The Solicitor-General.]