PAYMENTS TO BE MADE BY OWNERS OF NEW BUILDINGS IN RESPECT OF STREET WORKS. (Hansard, 12 November 1980)

§ Mr. Jeffrey Thomas (Abertillery)
I beg to move amendment No. 6, in page 196, line 15, after Executive ', insert ', the National Freight Corporation (as far as included in this paragraph by paragraph 15(a) of Schedule 23 to this Act) '.

The First Deputy Chairman
With this we may take amendment No. 9, in clause 331, page 283, line 1, after Executive ', insert , the National Freight Corporation (as far as included in this subsection by paragraph 15(b) of Schedule 23 to this Act) '.

§ Mr. Thomas
My right hon. Friend the Member for Barrow-in Furness (Mr. Booth), in whose name these two amendments stand, has uncovered an anomaly. Before proceeding, may I say how grateful I am to the Solicitor-General for his kind remarks at the beginning of the debate?
Unless these amendments are accepted the National Freight Corporation, almost alone of statutory undertakings, would be liable to make payments to the street works authority as required by clause 222. Clause 221(4)(i) (i), (ii) and (iii) makes no mention of the National Freight Corporation. I think that I understand why—namely, that the Transport Act 1980 took the NFC out of the Highways Act 1959. The view taken was—in our opinion, mistakenly—that there was nothing to consolidate in this regard. It is also a mistake to anticipate legislation relating to the NFC. Although an appointed day has been foreshadowed in that regard, it is certainly long after 1 January when I understand that it is hoped that the Bill will receive Royal Assent. Therefore, I hope that the amendments will be accepted.

§ The Solicitor-General
I have great admiration and respect for the mastery of the details of the Bill by the right hon. Member for Barrow-in-Furness (Mr. Booth), especially on the point now being taken up by his hon. and learned Friend the Member for Abertillery (Mr. Thomas).
503 There is a difference between us whether the amendment is technically necessary. However, I do not want to pursue that point. I am obliged to the right hon. Member for Barrow-in-Furness and his hon. and learned Friend the Member for Abertillery for drawing attention to the possible difference and tabling amendments, which, I accept, remove that difference. There cannot be any different interpretation. Accordingly, I content myself by expressing my appreciation for the Opposition's assistance and accepting the amendments.