HC Deb 17 February 1970 vol 796 cc245-7
Dr. Dickson Mabon

I beg to move Amendment No. 5, in page 3, line 32, leave out from 'any' to end of Clause and insert: 'such street works as are referred to in any of the following enactments, that is to say—

  1. (a) sections 133 to 135 of the Burgh Police (Scotland) Act 1892 (making up of private streets and the footways thereof),
  2. 246
  3. (b) sections 141 and 142 of the said Act of 1892 (construction and making up of footways of streets),
  4. (c) sections 150 and 151 of the said Act of 1892 (construction of new streets),
  5. (d) section 39 of the Public Health (Scotland) Act 1897 (making up of private streets and footways in special scavenging districts),
  6. (e) section 16 of the Burgh Police (Scotland) Act 1903 (construction of footways of private streets),
or in any provision in any local enactment having the like effect as any of the aforesaid enactments. (2) The Local Government (Street Works) (Scotland) Act 1956 is hereby repealed. I suggest that, for the convenience of the House, with this Amendment we take Amendment No. 49, to Schedule 2, in page 30, line 45, column 3, Schedule 2, leave out 'Section 1(1)(b)' and insert 'The whole Act'.

Mr. Deputy Speaker

If that is the wish of the House.

Dr. Mabon

These Amendments together fulfil the undertaking which I gave on behalf of the Government in Committee in columns 103–105 to table an Amendment on Report which would give local authorities complete discretion to contribute the whole or part of the costs borne by frontagers in carrying out private street works.

Hon. Members will recall that in Committee the discussion was on Opposition Amendments, but the principle embodied in the present Amendments was supported vigorously on both sides and the Government naturally, being reasonable, bow to the general will of the Committee. The local authorities favour this change, and I commend it to the House.

Mr. Monro

I thank the Minister of State for viewing this favourably and implementing the points that were argued so strongly from both sides in Committee. I am glad that when the Bill becomes an Act of Parliament local authorities, particular the large and small burghs, will be able to make up private streets and arrange between themselves and the frontagers about payment. Many local authorities already have enlightened instalment schemes for this kind of thing. I see nothing but good coming from the Amendment.

Mr. Wylie

We are grateful to the Minister of State for acceding to our suggestions on this matter. The widening of local authorities' discretion is commendable and is widely accepted.

However, I have one minor question on the Amendment. Is it necessary to have subsection (2)? Would it not have been easier to put the repeal provision in the repeal schedule?

Dr. Dickson Mabon

I will look into that matter. We might correct it. It is a drafting point, but I will look at it.

Amendment agreed to.

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