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'.—(1) Section 36 of the Highways Act 1980 (highways maintainable at public expense) shall be amended as follows.
(2) In subsection (2), at the end of paragraph (c), the word "and" shall be omitted.
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(3) After paragraph (d) of subsection (2), there shall be added—
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(e) a highway, being a footpath or bridleway, created in consequence of a rail crossing diversion order, or of an order made under section 14 or 16 of the Harbours Act 1964, or of an order made under section 1 or 3 of the Transport and Works Act 1992.
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(4) After subsection (3) there shall be inserted—
(3A) Paragraph (e) of subsection (2) above shall not apply to a footpath or bridleway, or to any part of a footpath or bridleway, which by virtue of an order of a kind referred to in that subsection is maintainable otherwise than at the public expense.".'.—[Mr. McLoughlin.]
Brought up, and read the First time.
§ The Parliamentary Under-Secretary of State for Transport (Mr. Patrick McLoughlin)I beg to move, That the clause be read a Second time.
§ Mr. Deputy Speaker (Sir Paul Dean)With this, it will be convenient to consider Government amendments Nos. 43 and 52.
§ Mr. McLoughlinThe new clause arises from the constructive discussions that we have held with the Rights of Way Review Committee on the provisions in the Bill relating to footpaths and from promises given in Committee. It amends section 36 of the Highways Act 1980 so that new paths or ways created as a consequence of rail crossing diversion orders or harbour orders or works orders made under clauses 1 or 3 of the Bill will be maintained at public expense, except where that is not appropriate—for example, that part of a new right of way which crosses a railway, where responsibility for maintenance must rest with the operator. The new clause, combined with amendment No. 43, offers the necessary flexibility to ensure that appropriate and comprehensive arrangements for maintenance can be made by the Secretary of State in confirming a rail crossing diversion order or in making a harbour or transport works order. Amendment No. 52 is a consequential small repeal, of section 36(2) of the Highways Act. I commend the new clause, and the amendments, as I have said, achieve what the Rights of Way Review Committee wants.
§ Mr. Peter Snape (West Bromwich, East)Hon. Members who served on the Committee, as well as all other hon. Members, will be grateful to the Under-Secretary of State for that explanation. It clarifies the position relating to section 36 of the Highways Act to which the Under-Secretary referred. It goes a long way —indeed, I believe that it goes the entire way; let me be placatory at this early stage—towards meeting the assurance that the Under-Secretary gave in Committee, for which we are grateful.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.