§ Mr. Michael HeseltineI beg to move Amendment No. 38, in page 35, line 32, at end insert:
(2A) The highway authority may, as they think fit,—and, except as otherwise provided, references in this section to the licensee shall be construed as references to the person who is for the time being entitled by virtue of such a licence to do anything permitted by it to be done.
- (a) grant a licence under this section to any person and insert in the licence a provision prohibiting assignment of the licence; or
- (b) grant such a licence to any person and insert in the licence a provision permitting assignment of the licence; or
- (c) grant such a licence to the owner of any premises adjoining the highway and his successors in title, the licence, unless and until withdrawn or surrendered, to be annexed to those premises;
§ Mr. Deputy SpeakerWith this Amendment we can also discuss Amendments 39 to 57 inclusive.
§ Mr. HeseltineThe first batch in this group of Amendments deals with licences issuable under Clause 35, and the second batch, from Amendment No. 48 onwards, 496 deals with licences issuable under Clause 36. One of these licences is in respect of apparatus which is to be laid under a highway, and the other applies to the planting of trees and shrubs on the highway. It was originally intended that they should be non-transferrable.
7.0 p.m.
In Committee, it became apparent that hon. Members felt that there should be greater flexibility to take account of the difficulties which could arise and in order to avoid the bureaucratic procedures of having to register every transfer of ownership regardless of whether the circumstances warranted such registration. The Amendments introduce two totally different sets of licensing procedure which mean that the licences can be of various sorts and granted for various periods and conditions to cope with circumstances which may arise. The Amendments meet the requirements of the Committee and provide a much more flexible and more easily administered system than would have been the case under the Bill as drafted.
§ Amendment agreed to.
§ Further Amendments made: No. 39, in page 35, line 33 leave out from '(3)' to 'no' in line 35.
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No. 40, in page 36, line 41, leave out from to 'to' end of line 43 and insert:
'cease using or abandon the apparatus or, if the licence is one the assignment of which is prohibited, of his intention to part with his interest in the apparatus'.
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No. 41, in line 43, at end insert:
(5A) A highway authority may attach to a licence granted by them by virtue of subsection (2A)(b) above a condition that before assigning the licence to any other person the licensee shall obtain their consent to the assignment; and it shall be a condition of every licence granted by virtue of subsection (2A)(c) above that within one month after any change in the ownership of the premises in question takes place the licensee shall inform the highway authority of it.
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No. 42, in page 37, line 3, leave out from first 'licensee' to end of line 7 and insert:
'or if the highway authority become aware of the fact that the licensee intends to cease using or abandon the apparatus orf, if the licene is one the assignment of which is prohibited, that the licensee intends to part with his interest in the apparatus'.
§ No. 43, in line 13, after 'withdrawn', insert 'or surrendered'.
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No. 44, in line 23, at end insert:
In this and the next following subsection 'the licensee' means the person who immediately before the expiration, withdrawal or surrender of the licence in question was the licensee or, if that person has died, his personal representatives.
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No. 45, in line 30, after 'licensee', insert:
'and the person who immediately before the expiration, withdrawal or surrender of a licence under this section was the licensee or, if that person has died, his personal representatives'.
§ No. 46, in line 33, leave out from 'by' to 'of' in line 34 and insert 'any person'.
§ No. 47, in line 38, leave out 'the licensee' and insert 'any person'.—[Mr. Michael Heseltine.]