HC Deb 22 May 1991 vol 191 cc1023-5

61A.—(1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods—

  1. (a) such period as may be prescribed; or
  2. (b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

(2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act—

(3) For the purposes of paragraph (b) of subsection (1) above, in default of agreement, the roads authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbiter.

(4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

(5) The regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation—

  1. (a) is likely to exceed the prescribed period,
  2. (b) is likely to exceed the period stated in the previous estimate, or
  3. (c) is likely to exceed the period previously agreed or determined to be a reasonable period,
he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

(6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant.

(7) The regulations may make provision as to the time and manner of making payment of any charge.

(8) The regulations shall provide that a roads authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.

(9) In this section "prescribed" means prescribed by the Secretary of State by regulations.'.

No. 105, in page 130, line 30, at end insert—

'(3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and—

  1. (a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates; and
  2. (b) the notice shall state that such a statement will be so available.

(4) In sub-paragraph (3) "prescribed" means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

No. 111, in page 130, line 43, at end insert—

'14D.—(1) A toll order shall be subject to special parliamentary procedure where—

  1. (a) the relevant special road scheme provides for the appropriation by or transfer to the special road authority of an existing public road comprised in the route prescribed by the scheme, and
  2. (b) the toll order authorises the charging of tolls for the use of that existing road or any part of it,
unless the Secretary of State is satisfied as regards all classes of traffic entitled to use the existing road that another reasonably convenient route free of toll is available, or will be provided before the date on which the appropriation or transfer takes effect, and certifies accordingly.

(2) Where the Secretary of State proposes to give such a certificate, he shall—

  1. (a) give public notice of his intention to do so,
  2. (b) afford an opportunity to all persons interested to make representations and objections, and
  3. (c) cause a public local inquiry to be held if it appears to him to be expedient to do so, having regard to representations or objections made,
and before deciding whether to give the certificate he shall consider any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry.

(3) As soon as may be after giving a certificate, the Secretary of State shall publish in the Edinburgh Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given.'.

No. 112, in page 130, line 44, leave out '14D" and insert '14E'.

No. 113, in page 130, line 47, at end insert—

'(3) In paragraph 19 of that Schedule—

  1. (a) in sub-paragraph (a), after "1" insert "or 14A";
  2. (b) in sub-paragraph (b), after "above" there shall be inserted the words "or held under paragraph 14B above"; and
  3. (c) in sub-paragraph (c), for the words "and 13" there shall be substituted the words ", 13 and 14C".'.

No. 114, in page 130, line 47, at end insert—

'. At the end of Schedule 2 to the Roads (Scotland) Act 1984 (validity and date of operation of certain orders and schemes), the following paragraph shall be inserted—

"6. The provisions of paragraphs 2 to 4 above apply in relation to a certificate under paragraph 14D(I) of Schedule 1 to this Act as in relation to a scheme or order to which this Schedule applies, subject to the following modifications—

  1. (a) the reference in paragraph 2 above to the notice required by paragraph 1 above shall be construed as a reference to the notice required by paragraph 14D(3) of that Schedule, and
  2. (b) in paragraph 4 above for the words 'made or confirmed' there shall be substituted the word 'given' and the words from 'and shall become operative' to the end shall be omitted.".'.

No. 17, in page 131, line 2, at end insert—