HL Deb 15 December 1949 vol 165 cc1665-6

Page 50, line 14, leave out from ("works") to ("the") in line 15 and insert— ("() If, on a representation duly made under the last foregoing subsection, the high-way authority refuse to grant an authorisation thereunder, or grant such an authorisation subject to conditions, the person who made the representation may appeal to the Minister against the refusal or against the imposition of the conditions, as the case may be; and if the Minister, after giving to the appellant and to the highway authority an opportunity of being heard by a person appointed by him for the purpose and considering the report of that person, determines to allow the appeal, he shall—

  1. (a) if the appeal was against a refusal, authorise the erection of the stiles, gates or other works in question, subject to such conditions as he may impose for maintenance and for enabling the right of way to be exercised without undue inconvenience to the public;
  2. (b) if the appeal was against the imposition of conditions, direct that the authorisation granted by the highway authority shall, as may be specified in the direction, have effect either unconditionally or subject to such modified conditions as may be so specified.
() Where in the case of a public path an authorisation is granted by the highway authority under subsection (4) of this section or by the Minister under the last foregoing subsection")

The Commons agree to the above Amendment and have made the following consequential Amendment to the Bill:

Page 50, line 32, after ("(4)") insert ("or (5)")


My Lords, your Lordships will remember that we sent back to another place more than 140 Amendments to this Bill. All of these were accepted by another place, but it was found necessary to make two consequential Amendments to two of our Amendments, both of which are set out on the Order Paper. Both these were accepted in another place without discussion. The second one is really a drafting Amendment and both are consequential. I beg to move that this House agree with the Commons in their Amendments.

Moved, That this House do agree with the Commons in the said Amendments.— (Lord Macdonald of Gwaenysgor.)


My Lords, these are clearly consequential Amendments. We made some substantial Amendments to this Bill, and I think we can be proud that only two consequential Amendments arise from what we sent back to another place. I think we can accept them.

On Question, Motion agreed to.