HC Deb 21 October 1968 vol 770 cc1042-4

Lords Amendment No. 176: In page 177, line 6, at end insert new Clause "F". F. —(1) This section applies to the following authorities, namely, the Boards, the new authorities, and the Executive for any designated area within the meaning of section 9(1) of this Act. (2) Every authority to whom this section applies who engage either directly or through a subsidiary, in any activities authorised by any of the provisions specified in subsection (3) of this section shall in carrying on those activities act as if they were a company engaged in a commercial enterprise or, as the case may be, shall exercise their control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged. (3) The provisions referred to in subsection (2) of this section are—

  1. (a) the following provisions of the Act of 1962, namely, section 6 (which relates to the provision of hotels) and subsection (2) 1043 to (4) of section 11 (which relate to certain development or acquisition of land);
  2. (b) the following provisions of this Act, namely, sections 2(1)(g)(ii) and (m), 10(1)(viii), (xx)(b) and (xxii), 25(e) and (f), 26(1)(e)(ii), (f) and (k), 49(1) to (4), 50(1) (so far as it relates to the provision of facilities at additional premises), and 50(3), (4) and (5)."

Read a Second time.

Amendments made to the Lords Amendment:

10 "H.—(1) Without prejudice to the provisions of section 32 of the Countryside Act 1968 with respect to certain Crown roads, the Minister may, with the consent of the appropriate Crown authority or authorities concerned, by order, which shall be subject to annulment in pursuance of a resolution of either House of Parliament, direct that, subject to subsection (3) of this section and to such exceptions, adaptations or modifications appearing to him to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.
15 (2) Without prejudice to the generality of the provisions of subsection (1) of this section, but subject to subsection (3) of this section, any order under the said subsection (1) with respect to any of the road traffic enactments may in particular include provision—
20 (a) for enabling functions with respect to a road exercisable under the enactment in question by the local authority or the highway authority to be exercised with respect to a Crown road by the appropriate Crown authority or by a particular local authority or highway authority;
25 (b) for enabling power to make an order, regulation or scheme under the enactment in question with respect to a Crown road which would otherwise be exercisable by a local authority or highway authority to be exercised instead by the Minister, and for requiring the consent of the Minister to the variation or revocation by any other authority of such an order, regulation or scheme made by him;
30
35 (c) for a certificate of the appropriate Crown authority or of the Minister that the authority or Minister has, or has not, consented to the doing of anything for which under the order or under this section the consent of the authority or, as the case may be, the Minister is required to be evidence, and in Scotland sufficient evidence, of the facts stated;
40 (d) for exempting from any provision of the enactment in question persons and vehicles on a Crown road in the service of the Crown or of an agent of the Crown.
45 (3) No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) of this section except by or with the consent of the appropriate Crown authority.
(4) With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) of this

Consequential Amendment made to the Bill:

In page 262, line 7, after 'Sections', insert: '(Duty to act in certain cases as body engaged in commercial enterprise)'.

—[Mr. Marsh.]

Lords Amendment, as amended, agreed to.

Subsequent Lords Amendments agreed to.