HC Deb 30 July 1956 vol 557 cc1088-90

Lords Amendment: After the Amendment last inserted, insert new Clause G: (1) Where under section forty-seven of the Act of 1930 (which provides for traffic regulation in consequence of the execution of works) a highway authority make an order under subsection (1) of that section or issue a notice under subsection (6) of that section, the authority may by order make as respects any alternative road any such provision as is specified in paragraph (a), (b) or (c) of subsection (2) of section (Amendment of s. 46 of Act of 1930) of this Act: Provided that where the highway authority for the road as respects which the order or notice under the said section forty-seven is made or issued is not the highway authority for the alternative road, then—

  1. (a) if the alternative road is a trunk road, the power to make orders conferred by this subsection shall be exercisable by the Minister on the application of the highway authority for the other road;
  2. (b) in any other case, the order under this subsection shall not be made except with the consent of the highway authority for the alternative road.
(2) In connection with the making of an order under the last foregoing subsection the authority making the order shall publish the like notices within the like time, and in the like manner, as is required by subsection (2) of the said section forty-seven in the case of an order under that section: Provided that the notice required by this subsection need not contain any description of alternative routes. (3) Subsection (4) of the said section forty-seven (which limits the time for which orders under that section may continue in force without the approval of the Minister) shall apply to orders under subsection (1) of this section made by highway authorities other than the Minister, and subsection (7) of the said section forty-seven (which relates to offences) and subsection (9) of that section (which contains a saving for tramcars and trolley vehicles) shall apply to orders under subsection (1) of this section. (4) The proviso to subsection (2) of section forty-six of the Act of 1930 (under which no order is to be made which would have the effect of preventing reasonable access) shall apply in relation to orders under subsection (1) of this section as it applies in relation to orders under the said subsection (2), subject however to the provisions of subsection (4) of section (Amendment of s. 46 of Act of 1930) of this Act. (5) In subsection (1) of the said section forty-seven for the reference to works being executed or proposed to be executed on a road there shall be substituted a reference to works being executed or proposed to be executed on or near a road. (6) Subsection (8) of the said section forty-seven (which provides for an appeal to the Minister against restrictions and prohibitions imposed under that section) shall cease to have effect; but—
  1. (a) subsection (4) of the said section forty-seven shall as respects any order to which it applies have effect with the substitution for the words "three months" of the words "six weeks";
  2. (b) where the Minister has refused to approve the continuing in force of an order made under the said section forty-seven, then except with the approval of the Minister no subsequent order shall be made under that section as respects any length of road to which the previous order related unless at least three months have expired from the time when the previous order ceased to have effect:
 Provided that nothing in this subsection shall apply to any order under the said section forty-seven made before the coming into operation of this section. (7) The maximum period for which a notice under subsection (6) of the said section forty-seven may continue in force shall be extended from seven days from the date of the notice to fourteen days therefrom. (8) The provision which may be made by order under subsection (1) or notice under subsection (6) of the said section forty-seven shall be any such provision as is mentioned in subsection (2) of section (Amendment of s. 46 of Act of 1930) of this Act. (9) An order under subsection (1) or notice under subsection (6) of the said section forty-seven, or an order under subsection (1) of this section, may suspend any statutory provision of a description which could have been contained in the order or notice or, in the case of an order under subsection (1) of this section, any such provision as is mentioned in paragraph (d) of subsection (2) of section (Amendment of s. 46 of Act of 1930), and any such provision (other than one contained in the order or notice) shall have effect subject to the order or notice. (10) In subsection (1) of this section the expression "alternative road", in relation to a road as respects which an order under subsection (1), or notice under subsection (6), of the said section forty-seven is made or issued, means a road providing an alternative route for traffic diverted from the first mentioned road or from any other alternative road, or capable of providing such an alternative route apart from any statutory provision authorised by the last foregoing subsection to be suspended by an order under subsection (1) of this section. (11) In the application of this section to Scotland, for references to the Minister there shall be substituted references to the Secretary of State.

Mr. Molson

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

This is an Amendment to Section 47 of the 1930 Act. There is really very little controversy about it. We have had a good deal of experience now of the rules of law applying to local authorities when they temporarily close roads for purposes of repair. There have been powers of appeal to the Minister, but, as it is entirely temporary, the right of appeal has proved to be entirely nugatory, because by the time the appeal has reached the Minister the temporary repairs have been concluded and the road has been reopened. It is on the basis of the experience that we have had that we are introducing the Amendment.