HC Deb 07 December 1966 vol 737 cc1515-7

Lords Amendment No. 22: In page 21, line 16 at the end to insert:— () Nothing in subsection (5) of this section shall affect the provisions of section 237 of the Highways Act 1959 (which relates to contributions by county councils to the cost of maintaining and improving claimed county roads); but for the purposes of that section—

  1. (a) the cost of the maintenance and operation of a road lighting system for a claimed county road in exercise of the powers conferred by this section shall be treated as part of the cost of the maintenance of the road; and
    2. 1516
  2. (b) the cost of the provision and improvement of such a system for such a road in exercise of those powers shall be treated as expenses of an improvement of the road unconnected with its maintenance,
and the cost of the provision, improvement, maintenance and operation of a footway lighting system for such a road in exercise of those powers shall not be included among the costs and expenses in respect of which payments and contributions are to be made under that section.

The Joint Parliamentary Secretary to the Ministry of Transport (Mr. Stephen Swingler)

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

Perhaps we might discuss at the same time the related Amendments, Nos. 23 and 25.

The Amendment would make it clear how Section 237 of the Highways Act will operate in regard to the exercise of lighting powers by highway authorities. The effect of the Amendment is that county councils will have to reimburse in full to claiming authorities the agreed cost of operating and maintaining road lighting installations and contribute to the cost of providing and improving them, although claiming authorities will, of course, continue to retain full financial responsibility for footway lighting.

My right hon. Friend is advised that, as the Bill was drafted, there would not necessarily be full reimbursement of maintenance costs. County councils would have had to make an agreed contribution to any expenditure on lighting, whether on road lighting or footway lighting, which claiming authorities provided or maintained under the powers of the Clause. The Amendment removes any doubt about the application of the Highways Act, 1959, in this respect. This is why we wish to accept it and understand that it will help local authorities to make the change to new arrangements for lighting on 1st April, knowing their exact financial arrangements.

Mr. Eric Lubbock (Orpington)

I am grateful for the hon. Gentleman's explanation. The Amendment seems to meet entirely the case of my hon. Friend the Member for Cheadle (Dr. Winstanley) when we discussed the matter on Report on 20th October. My hon. Friend—

Hon. Members

Where is he?

Mr. Lubbock

He has the Adjournment debate and is preparing for that. My hon. Friend has asked me to say that he is extremely grateful for the consideration that has been given by the Ministry to the representations which he has made over a period of months. However, may we be assured that the Amendment, introduced in another place, meets the case made by my hon. Friend?

Without going into great detail on this matter, it seemed to us that there was a difference between the claiming authorities and authorities which exercise their powers by delegation from county councils, and my hon. Friend pointed out that this could not be justified logically. That point of view had been expressed to us by the district councils. It is thought that the Amendment will cover the case, but the Joint Parliamentary Secretary, obviously having discussed the matter with the local authority associations, will be in a position to assure us on this point.

Mr. Swingler

We have consulted the local authority associations on this matter. The Amendment meets the case of the claiming authorities in full. It makes it clear that they will be reimbursed in full by highway authorities.

Question put and agreed to. [Special Entry.]