HL Deb 19 July 1961 vol 233 cc768-70

9.5 p.m.

Amendments reported (according to Order).

Clause 6 [Power to fill in roadside ditches, etc.]:


My Lords, this is merely a drafting Amendment in order to bring this wording into line with wording used elsewhere in this Bill. I beg to move.

Amendment moved— Page 6, line 21, after ("of") insert ("service of").—(Lord Molson.)

On Question, Amendment agreed to.

LORD MOLSON moved, after Clause 10 to insert the following new clause:

Overruling of objections to streets becoming maintainable highways

.—(1) Where by virtue of an objection made in pursuance of section two hundred and two of the principal Act (which provides that where street works have ben executed in a private street or part of it, the street works authority may by notice make the street or part a highway maintainable at the public expense unless the owner or a majority of the owners of the street or part object) a private street within the meaning of that section or a part of such a street is prevented from becoming such a highway, the street works authority may, within two months from the expiration of the period mentioned in subsection (1) of that section, apply to a magistrates' court for an order overruling the objection.

(2) If an order overruling the objection. is made in pursuance of the foregoing subsection and no appeal against the order is brought within the time limited for such an appeal, the street or part in question shall become a highway maintainable at the public expense on the expiration of that time; and where such an order is made or refused and an appeal, or an appeal arising out of that appeal, is brought against or arises out of the order or refusal, the street or part shall become such a highway on. the final determination of the matter in favour of the authority or on the abandonment of the appeal by the objectors.

(3) Any power, however worded, to enlarge the time for appealing or seeking leave to appeal shall not be exercisable for the purposes of this section.

The noble Lord said: My Lords, it will be within your Lordships' recollection that on the Committee stage Lord Charley moved an Amendment. It was acceptable to me as sponsoring the Bill, but the Government took the view that, while they were agreeable to the general principles of the Amendment, it was not drafted in a manner that would be entirely satisfactory when it came to be interpreted by the Courts. For that reason, the noble Lord, Lord Chorley, withdrew his Amendment, on the understanding that the Government would provide a draft which would be effective for the purpose that he had in mind, and which the local authorities he was representing desired to see achieved. This new clause, which I am now moving, and which has been drafted by Parliamentary Counsel, implements the undertaking given to the noble Lord in Committee, when he withdrew his clause. I hope that, in view of the fact that the general principles appeared to be acceptable to your Lordships' House, and that this new clause has now been drafted, I hope quite accurately, by Parliamentary Draftsmen, it will prove to be acceptable to your Lordships.

Amendment moved— After Clause 10, insert the said new clause. —(Lord Molson.)


My Lords, may I just express my gratitude to the Parliamentary Draftsmen and to the noble Lord, and say that I am very happy.

On Question, Amendment agreed to.

Then, Standing Order No. 41 having been suspended (pursuant to the Resolution of July 13):


My Lords, I have it in Command from Her Majesty the Queen to signify to the House that Her Majesty, having been informed of the purport of the Highways (Miscellaneous Provisions) Bill, has consented to place Her Majesty's interest, so far as it is concerned on behalf of the Crown, at the disposal of Parliament for the purpose of this Bill.


My Lords, I beg to move that this Bill be read a third time.

Moved, That the Bill be now read 3a.—(Lord Molson.)


My Lords, might I just say a word at this stage? At the Committee stage, I moved an Amendment on behalf of the Urban District Councils' Association, on the question of the maintenance of county roads in boroughs and urban districts. The Amendment was resisted by the noble Lord who is in charge of this Bill, on the ground that the County Councils Association had not been consulted. I have made inquiries and I am satisfied that there were certain consultations; there was no attempt to pass "a quick one", so to speak, by the urban districts on the county councils, though it is quite true that no agreement had been reached. I felt that that explanation ought to be given.

On Question, Bill read 3a, with the Amendments and passed and returned to the Commons.