HC Deb 30 July 1981 vol 9 cc1267-9

'(1) In subsection (1) of section 1 of the Road Traffic Regulation Act 1967 (traffic regulation orders outside Greater London) after the words "London" there shall be inserted the words "(but subject to subsection (1A) of this section)".

(2) After the said subsection (1) there shall be inserted the following subsection— (1A) A traffic regulation order as respects a footpath, bridleway or byway open to all traffic shall be subject to the provisions of Schedule 2A to this Act".

(3) In section 6 of the said Act of 1967 (traffic regulation orders in Greater London) after the word "London" there shall be inserted the words "(but subject to subsection (1A) of this section)".

(4) After subsection (1) of the said section 6 there shall be inserted the following subsection— (1A) An order under subsection (1) above as respects a footpath, bridleway or byway open to all traffic shall be subject to the provisions of Schedule 2A to this Act".

(5) In subsection (6) of section 12 of the said Act of 1967 (temporary prohibition or restriction of traffic on roads) after the word "above" where it appears for the first time there shall be inserted the words "(other than an order in relaton to a footpath, bridleway or byway open to all traffic)".

(6) After the said subsection (6) there shall be inserted the following subsection— (6A) An order under subsections (1) or (4) above in relation to a footpath, bridleway or byway open to all traffic shall not continue in force for a longer period than three months from the date of making thereof save that where an application is made by the highway authority in accordance with paragraphs 4 to 9 of Schedule 3 to this Act the order shall continue in force until the application is determined by the Minister. This subsection does not apply to Scotland.

(7) In subsection (1) of section 84B of the said Act of 1967 (consent of appropriate Minister to certain orders) there shall be inserted at the beginning the words "Subject to section 1(1A) of this Act,".

(8) In the said subsection (1) after the words "sections 1," there shall be inserted the words "(other than an order affecting a footpath, bridleway or byway open to all traffic)".

(9) In subsection (6) of the said section 84B there shall be inserted at the beginning the words "Subject to section 1(1A) of this Act".

(10) in subsection (1) of the said section 104 of the said Act of 1967 (general interpretation provisions) after the definition of "bridleway" there shall be inserted the following— 'byway open to traffic' means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used".

(11) After Schedule 2 to the said Act of 1967 there shall be inserted the following Schedule:— Schedule 2A. Orders relating to footpaths, bridleways and byways open to all traffic.

1. Before making a traffic regulation (in this Schedule referred to as an "order") for a footpath, bridleway or byway open to all traffic (in this Schedule referred to as a "way") an authority shall, not less than 28 days before the order is made, cause notice of their intention to make an order to be published in at least one local newspaper circulating in the area in which the way is situated and to be displayed in a prominent position at the ends of so much of any way as would be affected by the order.

2. The notice shall specify the time, not being less than 28 days from the date of publication of the notice, within which and the manner within which objections or representations with respect to the order may be made.

3. If no representations or objections are duly made, or if any so made are withdrawn, the order shall come into force on the date specified therein.

4.—(1) If an objection or representation is duly made and not withdrawn the authority shall submit the order to the Minister for confirmation by him.

(2) Where an order is submitted to the Minister under sub-paragraph (1) he shall either—

  1. (a) cause a local inquiry to be held; or
  2. (b) afford any person by whom an objection or representation was duly made and not withdrawn an opportunity of being heard by a person appointed by the Minister for the purpose.

(3) On considering any objections or representations duly made and the report of the person appointed to hold the inquiry and hear the objections or representations, the Minister may confirm the order, with or without modifications.

5. As soon as practicable after receiving notice of a decision to confirm an order from the Minister, the authority shall give notice of the decision and the date on which the order comes into force, in at least one local newspaper circulating in the area in which the way is situated.

6. In this Schedule "authority" means the authority having power to make an order under sections 1 or 6 of this Act, as the case may be, other than the Minister."

(12) In Schedule 3 to the said Act of 1967 (notification of temporary traffic restrictions) there shall be inserted the following paragraphs—

"4. If a highway authority wishes an order to which section 12(6A) applies to continue in force for a longer period than three months they shall first obtain the consent of the Minister and comply with the provisions of paragraphs 5 to 9 of this Schedule.

5. Not less than 28 days before the order ceases to be in force the highway authority shall cause notice of their intention to apply for the consent of the Minister for the order to be continued in force for such a period as is specified in the notice to be published in at least one local newspaper circulating in the area in which the footpath, bridleway or byway open to all traffic is situated, and to be displayed in a prominent position at the ends of so much of any way as is affected by the order.

6. The notice shall specify the time (being not less than 28 days from the date of publication of the notice) within which, and the manner within which, objections or representations with respect to the application may be made to the Minister.

7. If no objections or representations are duly made, or if any so made are withdrawn, the Minister may give his consent to the continuing in force of the order for the period specified in the notice published in accordance with paragraph 6.

8. (i) If any objection or representation duly made is not withdrawn the Minister shall either:—

  1. (a) cause a local inquiry to be held; or
  2. (b) afford any person by whom an objection or representation has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose.

(ii) On considering any objections or representations duly made and the report of the person appointed to hold the inquiry or hear objections or representations, the Minister may give his consent to the continuing in force of the order for such periods as he considers appropriate.

9. As soon as practicable after receiving notice from the Minister of his decision to give consent in accordance with paragraph 8(ii) the highway authority shall cause notice of the fact to be published in at least one local newspaper circulating in the area, stating the period during which the order continues in force and the day on which it ceases to be in force.".'.—[Mr. Andrew F. Bennett.]

Brought up, and read the First time.

10.30 pm
Mr. Andrew F. Bennett

I beg to move, That the clause be read a Second time.

If the Minister were to indicate acceptance of the new clause, I could make a short speech. If he is not prepared to do so, I shall put the arguments briefly.

The problem arises from the way in which local authorities have powers to close footpaths temporarily. There has been much argument about this. The Spicer committee made representations to the Minister, but unfortunately at that stage he was unable to accept its proposals. That was a pity, as it was an agreed set of proposals.

A whole series of appeal procedures accompany a permanent closure, but there is no effective appeal procedure for temporary closure. In addition, a temporary measure can be extended without any publicity. As a result, there is a tendency for temporary measures to become permanent through repeated renewals.

The new clause seeks to ensure that if a temporary closure is renewed, there will be the right of appeal so that footpath users have the right to object if they feel that a local authority is abusing its powers. I hope that even at this late stage the Government will accept the new clause.

The Minister may suggest that the wording is not correct, but he could accept it at this stage and put that right in the other place.

Mr. Michael Roberts

The hon. Gentleman has raised the issue of temporary closures. Temporary orders can be made only in certain specified circumstances on account of works on or near the highway, public danger or risk of serious damage to the highway. Authorities are specifically required to have regard to the existence of alternative routes suitable for the traffic that would be affected by any such orders. Ministerial consent is required for extensions beyond three months, and such consent would not be given unless there were good reasons to justify such an extension.

We have no evidence that local authorities abuse their existing traffic regulation order powers, and we have no reason to think that they would be likely to abuse the extended power; provided by clause 55. We therefore do not consider that the bureaucratic procedure outlined in the new clause is necessary.

Question put and negatived.

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