HL Deb 01 August 1935 vol 98 cc1033-5

Page 5, line 28, at end insert the following new clause:

Register for purposes of notice of resolutions.

(".—(1) Any person having any estate or interest in any piece of land within such distance from a road that it may be made subject to restrictions brought into force by means of a resolution passed as respects that road under Section one or Section two of this Act, shall be entitled, upon making to the highway authority an application containing sufficient particulars of the piece of land and of his estate, or interest therein, to have his name and address, and particulars of the situation of the piece of land, entered in a register in a form approved by the Minister kept by the highway authority for the purpose of giving notice of any such resolution.

(2) If at any time it appears to the highway authority that any person whose name and address are entered in the register kept under this section has ceased to have any estate or interest in the piece of land to which the entry relates, they may serve upon him or upon his personal representa- tive notice of their intention to delete the entry and unless within twenty-eight days after the service of the notice the highway authority are satisfied that he has not so ceased as aforesaid, they may delete the entry accordingly.'')


My Lords, this is complementary to the Amendment which was accepted on Clause 1. It is preparatory to the Amendment in the Second Schedule, page 26, line 16. The clause enables any person by signing a simple form of notice to the highway authority to secure that he is duly informed of any resolution under Clause 1 or Clause 2 of the Bill. 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.—(The Earl of Plymouth.)


My Lords, I should like to ask why this peculiar procedure has been adopted by which the subject has to bring to the notice of the authority the fact that he is interested. In other Acts of Parliament the authority brings it to the notice of the subject or the taxpayer, whichever you like to call him. What steps, if any, are going to be taken to help the person with the interest to know that there is this provision in the Bill and that he can make use of it? It seems to me idle to suppose that the great majority of smallholders who May be concerned would ever read this particular clause or have the information as to the power conferred upon them brought to their notice.


My Lords, the reason for the insertion of the Amendment in this form is purely that it was very much simpler. It is a very simple form of machinery, and it has, I understand, been agreed with those who are most deeply concerned in this matter. Instead of placing upon the highway authority an immense amount of work, which would entail constant research, it entails nothing more than sending a postcard with certain details. If anybody desires to be registered he will be registered, and he will receive all relevant information. The noble Lord's point that this may not come to the notice of some of those who are interested is one which I shall certainly take note of, but l have no reason to doubt that the authorities will take what measures are possible to see that all those who are concerned are notified.


My point is this. In the necessary advertisement (which I take it there will be) of any action, will there be included an intimation to the public that they have the power to do this?


I cannot with confidence answer that question here and now, but I believe that that is so.


My Lords, perhaps the real answer is that these smallholders or allotment holders are members, or ought to be members, of their appropriate local association, which will bring to the notice of its members the provisions of this Act. That, of course, is their method of dealing with it.

On Question, Motion agreed to.