HL Deb 18 March 1901 vol 91 cc198-200
THE CHAIRMAN OF COMMITTEES (The Earl of MORLEY)

The first Amendment to the Standing Orders relates to the giving of a locus standi, or rather more than a locus standi, in the case of Tramway Bills to county councils where their roads, or roads to which they contribute, are affected. The Amendment was suggested to me by the County Councils Association, and, as it seemed a fair proposal, I undertook to place it before your Lordships at the earliest possible moment. Where a local authority is constructing tramways to go beyond the limits of its district, at present the position of those tramways is regulated by the Tramways Act of 1870. and the authority over whose roads the tramway is constructed has the power of purchasing it at the end of twenty-one years if the House thinks fit; but in this and in many other cases the Tramways Act, 1870, is very much out of date. Tramways at the time that Act was passed were small horse tramways, very much cheaper in construction than they are now, and probably the twenty-one years during which they were allowed to run without power of purchase coming into effect was ample, but at the present time it is an everyday occurrence, with—and only with—the concurrence of the local authorities, for the twenty-one years to be considerably extended. Therefore, the Standing Order as it now exists is really almost inoperative, and I venture to ask your Lordships to substitute the period of forty-two years for twenty-one years. It will be clear to the House that the period may he fixed, if the Committee think fit, at less than twenty-one years; but this Amendment will give them the opportunity, if they deem it necessary, of extending it beyond that time. I had intended moving another Amendment of the Standing Orders to-day, relating to the preliminary consents of local authorities whose roads are to be used for the tramway; but I have undertaken to postpone that Amendment at the request of the municipalities, in order that they may consider the question. Far from wishing to take any of these authorities by surprise, I am anxious that the question should be thoroughly considered. I beg to move the Amendment standing in my name.

Moved, "That the Standing Orders be amended as follows:—

NOTE.—The words within brackets are to be omitted, and the words printed in Italics are to be inserted.

105d. THE council of any administrative county alleging in their petition that such administrative county, or any part thereof, may be injuriously affectcd-

  1. (A) By the provisions of any Bill relating to the water supply of any town or district, whether situate within or without such county; or
  2. (B) By the provisions of any Bill proposing to authorise the construction or reconstruction of any tramway along any main road, or along any other road to the maintenance and repair of which the County Council contributes, within the administrative county shall be entitled to be heard against such Bill.

133. No power shall be given to any local authority to construct, acquire, take on lease, or work any tramway, or portion of tramway, beyond the limits of their district, unless such tramway, or portion of tramway, is in connection with a tramway belonging to, or authorised to be constructed, acquired, or worked by the local authority, and unless the Committee on the Bill shall determine that, having regard to the special local circumstances, such construction, acquisition, taking on lease, or working ought to be sanctioned.

In every case in which the Committee shall so determine, they shall specify what portion of the tramway will he situate beyond the district of the local authority to which the power of construction, acquisition, or taking on lease, is given, and shall insert a clause for the protection of the local authority of the district in which such tramway or portion of tramway will be situate in the terms mutatis mutandis of Section 43 of the Tramways Act. 1870, except that the Committee may, if they think fit in the special circumstances of the ease, substitute a period not exceeding forty-two years for the period of twenty-one years [shorter periods for the period mentioned in that section."

—(The Chairman of Committees.)

Agreed to: Standing Orders amended accordingly, and to be printed as amended. (No. 20.)