§ 14. Mr. Rankinasked the Secretary of State for Scotland when he proposes to implement the procedure laid down in Section 8 of the Private Legislation Procedure (Scotland) Act, 1936, in respect of the Stopping of Highways (Ayrshire) Order, 1959.
§ Mr. MaclayThe procedure on this Order is not governed by Section 8 of the Act of 1936, but by Section 10 of the Statutory Orders (Special Procedure) Act, 1945. As my hon. Friend the Parliamentary Secretary to the Ministry of Transport and Civil Aviation indicated in the House on 17th July, I am deferring action on the Order until I have considered further in consultation with the Minister, the problem of control of road traffic where the runway crosses the trunk road.
§ Mr. RankinIs it not the case that, in connection with the findings of the Parliamentary Commission, the procedure to be followed by the Secretary of State is clearly laid down in Section 8 of the 1936 Act? Also, is the right hon. Gentleman proposing, in association with the Minister of Transport and Civil Aviation, to connive at ignoring and abrogating this Scottish law in order to give the Minister of Transport what his own Parliamentary Commission refused to give him?
§ Mr. MaclayIn answer to the first part of the hon. Gentleman's supplementary question, I am advised that the operative Act is the 1945 Act and that the 1936 Act comes in only if a confirmation Bill is to be presented.
§ Mr. RankinIs it not the case that Section 8 of the 1936 Act defines the procedure to be followed where an Order has been opposed?
§ Mr. MaclayI think that I had better write to the hon. Gentleman about the very technical statutory position. It is a little difficult to deal with it in Question and Answer.