§ (1) So much of section 214(3) of the principal Act as prohibits the compulsory acquisition of land required for the construction of a highway unless the highway is to be constructed in pursuance of a scheme under section 11 of that Act or plans for its construction have been made or approved by the Secretary of State shall cease to have effect.
§ (2) So much of section 295(1) of the principal Act as defines the expression 'proposed highway' as meaning land on which in accordance with plans approved by the Secretary of State a local highway authority are constructing or intending to construct a highway shown in the plans shall cease to have effect, and accordingly in the definition of that expression for the words from 'or approved' to 'highway authority' there shall be substituted the words 'by a highway authority, that authority'.—[Mr. Michael Heseltine.]
§ Brought up, and read the First time.
§ Mr. Michael HeseltineI beg to move, That the Clause be read a Second time.
§ Mr. Deputy Speaker (Miss Harvie Anderson)It will be for the convenience of the House if we also discuss Amendment No. 84: in Schedule 12, page 83, line 21, column 3, after '214' insert:
'in subsection (3) the words from "and a highway authority" to the end of paragraph (b)'.
§ Mr. HeseltineThe House will find it easy to accept new Clause 4, which is a tidying-up operation and removes the now superfluous provisions of existing Statutes. The present position is that local authorities which wish to use compulsory purchase powers in respect of road schemes have first to obtain the agreement and formal approval of their plans from the Secretary of State. There is now no need for them to submit these formal plans because the compulsory purchase powers are already vested in the Secretary of State and it would not be possible for him to give permission for the use of these powers unless from the beginning he had been privy to the plans to which the compulsory purchase powers were related.
At the moment the Secretary of State has a requirement to approve plans for the vast majority of new local authority highways, from a major road down to minor schemes. The only exceptions are various schemes for which the Secretary of State is in any case the confirming authority. I hope that the House will accept that there is no change in the protection afforded to the public. This is simply to avoid a certain amount of unnecessary duplicated work.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.