§ Insert the following new clause—
§
"Premises including railway track
In section 4 of the 1993 Act (premises in the case of which right does not apply) insert at the end——
- "(5) This Chapter does not apply to premises falling within section 3(1) if the freehold of the premises includes track of an operational railway; and for the purposes of this subsection—
- (a) "track" includes any land or other property comprising the permanent way of a railway (whether or not it is also used for other purposes) and includes any bridge, tunnel, culvert, retaining wall or other structure used for the support of, or otherwise in connection with, track,
- (b) "operational" means not disused, and
- (c) "railway" has the same meaning as in any provision of Part 1 of the Railways Act 1993 (c. 43) for the purposes of which that term is stated to have its wider meaning.""
§ Lords consequential amendment 50B: Transpose new clause (Premises including railway track) from after clause 141 to after clause 113.
10.15 pm§ The Parliamentary Under-Secretary of State for Transport, Local Government and the Regions (Ms Sally Keeble)I beg to move, That this House agrees with the Lords in the said amendment.
I shall be brief. Lords amendment No. 50B is a simple amendment. Amendment No. 50, which was printed for the consideration of the House of Lords, would have inserted the new clause after clause 141. That is a mistake; the new clause should in fact be after clause 113. Lords amendment No. 5OB would correct that purely typographical error.
§ Mr. William Cash (Stone)I would have the greatest difficulty in opposing the revision, and do not have the slightest intention of doing so; we have no objection to the change.
§ Lords amendment agreed to.