| Lords Amendment: No. 25, in page 16, line 26, at end insert: |
| "and no claim shall be made it the highway does not become a highway so maintainable within three years of the relevant date as determined in accordance with paragraph (a) above but, if it does, the claim period shall be treated as continuing until the end of one year from the date on which it becomes a highway so maintainable if, apart from this provision, that period would end earlier. |
| (4) In the application of subsection (3) above to Scotland— |
| (a) for the words from "highway which "to" defined above" and for the words "highway does" there shall be substituted respectively the words "road which has not always been a highway" and "road does"; |
| b) the words "so maintainable" wherever they occur shall be omitted." |
§ Read a Second time.
§
Amendments made, as amendments to Lords Amendment No. 25, in line 2, leave out from beginning to 'but' in line 4 and insert:
'the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date'.
§ In line 6, leave out 'a highway'.
§
In line 9, leave out paragraphs (a) and (b) and insert:
'(a) for the words from "highway which" to "defined above" and "highway so maintainable" there shall be substituted respectively the words "road which has not always since 17th October 1969 been a highway" and "highway";
(b) for the words "the highway was not maintainable and the highway does not become so maintainable" there shall be substituted the words "the road was not a highway and the road does not become a highway";
(c) for the words "it becomes so maintainable" there shall be substituted the words "it becomes a highway".'.—[Mr. Graham Page.]
§ Lords Amendment, as amended, agreed to.