§ Section 116 of the principal Act (which among other things imposes duties on councils to protect the rights of the public to the use and enjoyment of highways) shall be amended as follows:
- (a) in subsection (5) (which empowers a council in the performance of their functions under the section to institute or defend any legal proceedings) for the words 'institute or' there shall be substituted the words 'institute legal proceedings in their own name'; and
- (b) at the end of subsection (6) (which requires the council of a county district to take proper proceedings in certain circumstances) there shall be inserted the words 'and they may do so in their own name'.— [Mr. Michael Heseltine.]
§ Brought up, and read the First time.
§ 5.0 p.m.
§ The Under-Secretary of State for the Environment (Mr. Michael Heseltine)I beg to move, That the Clause be read a Second time.
I am pleased to be able to tell the right hon. Member for Sheffield, Park (Mr. Mulley) that in the spirit and tradition of this Government we are able to help him again over new Clause 3. He will recognise in it the embodiment of the suggestion he made in Committee. In assuring him that we welcome his suggestion and have subsequently discussed it with the Attorney-General and the local authority associations, I am able to tell the House that the purpose of new Clause 3 is simply to give local authorities the right to institute or defend proceedings under Section 116 of the 1959 Act without first obtaining the fiat of the Attorney-General.
Section 116 of the 1959 Act deals with, among other things, the duties of councils to protect the right of the public to the use and enjoyment of the highway. It is simply to counteract the effect of the recent court case, Hampshire County Council v. Shonleigh Nominees, which revealed the situation that it was necessary for the Attorney-General's consent to be obtained before local authorities could enter into proceedings. It is the view of the Government, and the Opposition I believe, that this is not the best relationship, in the circumstances, between local and central Government. It 455 therefore gives me pleasure to move the new Clause.
§ Mr. MulleyI thank the hon. Member for what he has said and would like to express my satisfaction that the new Clause which I moved in Committee has been transformed into new Clause 3. I am sure that the drafting is much more professional but I cannot see a great deal of difference between the two drafts. I am sure that all those concerned with the subject matter of Section 116, which is rights of way for public use—all those responsible for supervising arrangements—will be glad that councils can deal with these matters in their own name and that the hard-worked Attorney-General will not have to be called upon to give his authority for the commencement of a prosecution.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.