HC Deb 24 June 1968 vol 767 cc200-3

PUBLIC RIGHTS OF WAY

Lords Amendment No. 49: In page 46, leave out lines 20 to 24 and insert: 1. Section 3(1) shall have effect with the substitution for references to the Minister of references to the acquiring authority.

2. In the case of an order under section 3(1) extinguishing a right of way (but not an order reviving a right of way)—

  1. (a) the order shall not take effect unless confirmed by the Minister, as defined in this Act, or unless confirmed, as an unopposed order, by the acquiring authority,
  2. (b) the Minister shall not confirm the order unless satisfied as to the matters set out in section 3(1),
  3. (c) the time specified in the order as the time from which the right of way is extinguished shall not be earlier than confirmation of the order,
  4. (d) Schedule 7 to the Highways Act 1959, as amended below, shall have effect as to the making, confirmation, validity and date of operation of the order,

(3) These amendments of section 3 of the Act of 1946 shall not affect that section as applied by section 15 of the Opencast Coal Act 1958 (suspension of rights of way).

(4) These amendments of the said section 3 shall not apply in relation to an order if made before the date of the coming into force of this Act, or if a notice relating to the order was published pursuant to subsection (2) of the said section 3 before that date."

Mr. Skeffington

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

Mr. Deputy Speaker

I think that it would be convenient to discuss, at the same time, Lords Amendments Nos. 50 and 56.

Mr. Skeffington

The Amendments remove the need for the local authorities and other acquiring authorities to submit certain unopposed public paths orders to the Minister for making or confirmation. This is in general line with the procedure in other Measures, like the Town and Country Planning Act, and will mean fewer matters coming to Whitehall.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment No. 51: In page 48, line 46, leave out from "shall" to end of line 42 and insert"cause a local enquiry to be held ".

Mr. Skeffington

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

I think that it would be convenient to discuss at the same time Lords Amendment No. 52.

Mr. Deputy Speaker

I think that we could also discuss Lords Amendment No. 54 and the Amendment to it, Amendment No. 13.

Mr. Channon

On a point of order. Will we be able to have, if necessary, a separate Division on Amendment No. 13?

Mr. Deputy Speaker

Yes, that will be possible.

Mr. Skeffington

The Amendments give effect to an undertaking which the Government gave, in another place, over the shortened review procedure to ensure that, in a dispute about a right of way, each side would have the same treatment. As a result of the Amendments, the Minister will cause a local inquiry to be held if objections are made to alterations affected by or anything omitted from the draft revision map and not withdrawn. In this way, any person interested will be able to make representations to an inspector about the rights of way in dispute at an inquiry which will be advertised in the normal way.

Mr. Deputy-Speaker

I think that the right course would be to dispose of Amendment No. 54 and the Amendment to it, before putting the Question on Amendment No. 51.

Mr. Channon

At what stage would we then decide on those two, Mr. Deputy Speaker?

Mr. Skeffington

On a point of order. Amendments Nos. 51 and 52 are separate. If we disposed of those we could then go on to Amendment No. 54 and the consequent Amendment.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment No. 53: In page 49, line 7, leave out paragraph 5.

Mr. Skeffington

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

This Amendment and No. 54 give effect to the Gosling Committee's recommendation that the definition "roads used as public paths" in the 1949 Act should be abandoned and that roads should be surveyed by the responsible authorities, who should decide in each case whether the road should be designated as an unclassified road, bridleway or footpath. Naturally, the normal procedures will be available—advertisement, time for objection, inquiry, and so forth. This completes the undertakings which the Government gave at an earlier stage in this respect.

Question put and agreed to.

Lords Amendment No. 54: In page 49, line 37, at end insert:

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