§ Lords Amendment No. 190: In page 192, line 37, after the Amendment last inserted, insert new Clause "H":
104550 | section may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and the inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into force of the order. |
(5) In this section— | |
55 | (a) the expression 'appropriate Crown authority', in relation to a Crown road, means— |
60 | (i) in the case of a road on land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of that land; |
(ii) in the case of a road on land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy; | |
65 | (iii) in the case of a road on land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints; |
70 | (iv) in the case of a road on land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department; |
75 | and if any question arises under this paragraph as to what authority is the appropriate Crown authority in relation to any Crown road, that question shall be referred to the Treasury, whose decision shall be final; |
(b) the expression 'Crown road' means a road, other than a highway, to which the public has access by permission granted by the appropriate Crown authority, or otherwise granted by or on behalf of the Crown; | |
80 | (c) the expression 'road traffic enactments' means the enactments (whether passed before or after this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment; |
85 | and, in the application of this section to Scotland or Wales, for any reference to the Minister there shall be substituted a reference to the Secretary of State. |
90 | (6) Nothing in this section shall prejudice any enactment in addition to this section and section 32 of the Countryside Act 1968 which relates to Crown roads." |
§ Read a Second time.
§ Amendment made to the Lords Amendment: In line 81, after 'after', insert 'or contained in'. —[Mr. Marsh.]
§ Lords Amendment, as amended, agreed to.
§ Lords Amendment No. 191 agreed to: In page 192, line 37, after the Amendment last inserted, insert Clause "I" (Railways and Coastal Shipping Committee).
§ Consequential Amendment made to the Bill: In page 262, line 7, after '141', insert '(Railways and Coastal Shipping Committee)'.—[Mr. Marsh.]
§ Subsequent Lords Amendments agreed to. [One with Special Entry.]
§ Subsequent Lords Amendments disagreed and agreed to.