HC Deb 16 April 1959 vol 603 cc1226-7

Lords Amendment: In page 37, line 2, at end insert: 1. In the Turnpike Roads (Scotland) Act, 1831 (as set out in Schedule C to the Roads and Bridges (Scotland) Act, 1878), section eighty-seven shall have effect as if for the proviso to that section there were substituted the following proviso, that is to say, Provided that nothing in this section shall apply to any materials laid or left upon any road or any footpath or side drain or ditch of such road in pursuance of a permission granted under section (Occupation of parts of roads for deposit of materials, etc.) of the Building (Scotland) Act, 1959.

Mr. J. N. Browne

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

This is a drafting Amendment, consequential on the new Clause A which establishes the procedure for permission for temporary occupation of a road. The permission so granted, while in force, must override the ancient right in the landward areas to remove and impound any building materials left on the roads.

Mr. Thomas Fraser (Hamilton)

I notice, in the proposed insertion, the words: … materials laid or left upon any road or any footpath or side drain or ditch of such road… The Joint Under-Secretary moved an Amendment in the definition Clause extending the definition of the word " road " to mean any pavement, footpath, drain, ditch or verge at the side of a road or street. Having defined the words so widely there I wondered whether it was necessary to use these words in the insertion in this Schedule.

Mr. J. N. Browne

I also asked that question and I was advised by the draftsmen that that was the best thing to do.

Question put and agreed to.

Lords Amendment: In page 37, line 13, leave out " erecting, taking down" and insert: constructing, extending, demolishing, maintaining ".

Mr. J. N. Browne

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

This drafting Amendment extends the scope of the offence of occupying a street without permission to all operations in the building field and matches up to the new Clause A by including maintenance as one of the operations.

Question put and agreed to.

Subsequent Lords Amendment agreed to: In page 37, line 15, leave out " subsection (11) of section six " and insert: section (Occupation of parts of roads for deposit of materials, etc.)".