HC Deb 26 June 1984 vol 62 cc907-8
Mr. Ancram

I beg to move amendment No. 13, in page 64, line 8, after 'road', insert'—(a)'.

Mr. Deputy Speaker

With this it will be convenient to take Government amendment No. 14.

Mr. Ancram

Clause 93 is part of the armoury of powers which roads authorities may invoke to counter dangers to road users. An intervention of my hon. and learned Friend the Member for Perth and Kinross (Mr. Fairbairn) on Second Reading brought to light the fact that the clause is less effective for this purpose than it might be because it does not apply to buildings, a term which, as defined in the Bill, is widely embracing. The amendments will remedy the omission by enabling roads authorities to take action to protect road users from any type of danger from land, including buildings, near a road. Any more permanent remedial works that are required can be taken under the appropriate statutes such as building legislation relating to Scotland.

Mr. McQuarrie

Amendment No. 14 provides: (b) and is a building constitutes a danger to road users and there is no other such provision as aforesaid, they shall under this subsection take such steps by way of enclosure or screening,". I do not find favour grammatically with and is a building constitutes a danger to road users". With respect to the draftsman of the amendment, it should either read "and as a building constitutes a danger to road users" or "and is a building which constitutes a danger to road users". I hope that my hon. Friend will provide a clear interpretation of the correct definition and confirm that the drafting is correct or accept that either "as" or "which" should be inserted.

Mr. Ancram

Clause 93 states: anything which is … near to a road but is not itself a building constitutes a danger to road users". The amendments set out alternative provisions—amendment No. 13 inserts paragraph (a) and amendment no. 14 inserts paragraph (b). It is perhaps difficult to understand this point when looking at the Bill as drafted, but if the amendments are accepted paragraphs (a) and (b) will become much clearer in the context of the text. The parts leading to and coming from paragraphs (a) and (b) will make more sense, because the lead-in and lead-out will apply to the circumstances dealt with in paragraphs (a) and (b). I hope that with that assurance my hon. Friend will find that the clause is properly drafted.

Mr. Dewar

I cannot resist the temptation to offer my warmest congratulations to the Under-Secretary of State on the fact that he clarified that point.

Amendment agreed to.

Amendment made: No. 14 in page 64, line 12, leave out 'as' and insert— ; (b) and is a building constitutes a danger to road users and there is no other such provision as aforesaid, they shall under this subsection take such steps by way of enclosure or screening, as".—[Mr. Ancram.]

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