HC Deb 25 July 1963 vol 681 cc1827-8

Lords Amendment: In page 20, line 13, leave out "and section 136(6)" and insert: (3A) The consent of the Greater London Council for the purposes of section 138(2) of the said Act of 1959 shall not be unreasonably withheld, and any question whether the withholding of such consent is unreasonable shall be determined in like manner as any question arising under section 136(4) of that Act; and section 136(6) and (7)".

Mr. Galbraith

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

The purpose of this Amendment is to provide two things. First, is gives undertakers the right of appeal jointly to the Minister of Transport and the Minister in charge of the Department concerned with the purpose of the work against a decision of the G.L.C. not to allow them to break open a highway. Secondly, it provides that a person who has no interest in the performance of the obligation on an undertaker not to break open a highway within 12 months of the work having been done on it, must have the consent of the Attorney-General before he can take proceedings against an undertaker. The Amendments make the law in these respects consistent for all highways in Greater London and the same as for the rest of England and Wales.

Question put and agreed to.

Subsequent Lords Amendment agreed to.