§ After Clause 87, page 66, insert the following new clause:
§ Power of Minister to modify restrictions on user of roads by public service vehicles.
§ (".—(1) In any case where the running of public service vehicles on a road is restricted or prohibited by a local Act or order the council of the county borough or of the county district in which the road or any part thereof is situate or any local authority or person providing or proposing to provide a service of public service vehicles on that road, or any part thereof may apply to the Minister for an order modifying or revoking the restrictions or prohibition.
§ (2) The Minister, on receiving an application under this section, shall, unless he is of opinion that it is made without reasonable cause, direct a public inquiry to be held into the subject-matter of the application, and shall consider the report made to him by the person holding such inquiry.
§ Not less than one month's notice of the inquiry shall be given to the council of the county borough or county district in which the road is situate, to the applicants, where the application is not made by that authority, and to every local authority or person in whose favour the restrictions or prohibition appear to the Minister to have been imposed or who, in the opinion of the Minister, are affected by the application.
§ (3) If as a result of the inquiry the Minister is satisfied that it is in the public interest that the restrictions or prohibition should be modified or revoked he may make an order modifying or revoking them, and may by such order modify or revoke to such extent as appears to him to be equitable in the circumstances any obligations imposed upon ally person in connection with such restrictions or prohibition.
§ (4) Every order made under this section shall be laid before both Houses of Parliament, and shall not come into force until it has been approved by both Houses")
EARL RUSSELLMy Lords, I beg to move that this House doth agree with the Commons in the said Amendment. The Bill, as originally introduced here, contained a proviso removing any restriction, either in this or any other Act, to any order the Commissioners might make in the issue of road service licences to any person applying for them. It was intended to enable them to disregard the 886 protective provisions of certain Acts of Parliament by which certain private or municipal undertakings have a virtual monopoly. The clause was struck out in this House on the grounds that the Commissioners ought not to be able to override those provisions. The new clause provides that, where any such restrictive provisions exist, any person proposing to provide or providing a service may apply to the Minister for an order modifying or revoking the restrictions. The Minister must hold an inquiry into the matter and, if, as a result of the inquiry, he is satisfied that the restrictions should be modified or revoked, he may make an order doing so and may modify any obligations imposed on any one under the restriction. The order is to have an affirmative Resolution of both Houses of Parliament. I beg to move that this House doth agree with the Commons in the said Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment—(Earl Russell.)
§ VISCOUNT BERTIE OF THAMEIn substance this Amendment is the same as the clause which was thrown out by this House by a substantial majority. It gives the Minister powers to over-ride Acts of Parliament under which tramways, omnibus companies and other undertakings have been given protection. Under the Cheltenham Bill and sixteen similar Bills, as long as they carry out their obligations lawfully, this protection is given. New it is sought to take the protection away from them and to give power to the Minister to alter Private Acts, which is always a bad thing. It is subject, of course, to the approval of Parliament, but we know What that is in these cases. I oppose the clause and I hope your Lordships will support me.
§ On Question, Motion agreed to.