HL Deb 23 April 1970 vol 309 cc861-3
LORD HUGHES

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Lord Hughes.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD MERTHYR in the Chair.]

Clauses 1 to 4 agreed to.

Clause 5 [Amendment of s.8 of Building in (Scotland) Act 1959]:

LORD HUGHES moved Amendment No. 1.

Page 9, leave out lines 32 to 43 and insert— (" subsections— (4) If at any time any portion of a road is occupied for the purpose of depositing materials or otherwise in connection with operations for the construction, repair, maintenance or demolition of any building without a permission granted under this section or other-wise than in accordance with a permission so granted (including the conditions, if any, to which the permission is subject), or if such occupation is continued beyond the period for which the permission was granted, the person conducting the operations shall be guilty of an offence against this Act. (5) If at any time any portion of a road is occupied for the purpose of depositing materials in connection with such operations as are mentioned in subsection (4) above without a permission granted as aforesaid, or otherwise than in accordance with a permission so granted (including the conditions, if any, to which the permission is subject) any person, other than the person conducting the operations, who, either by himself or by his servant or agent, deposits materials on that portion of the road in connection with the operations, shall be guilty of an offence against this Act. (6) Where the person conducting the operations is charged with an offence under subsection (4) above it shall be a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (7) Where any person is charged with an offence under subsection (5) above, it shall be a defence for him to prove that the offence—

  1. (a) took place on the instructions, or by the authority, of his employer or of the per-son conducting the operations, or
  2. (b) was due to a mistake, or
  3. (c) was due to reliance on information supplied to him,
and that he was unaware that he was depositing the materials otherwise than under and in accordance with a permission granted under this section.

(8) If in any case the defence provided by subsection (7) above involves the allegation that the offence took place on the instructions, or by the authority, of another person, or was due to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to reply on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identificaton of that other person as was then in his possession." ")

The noble Lord said: At the last stage I undertook to put down an Amendment to make better provision to safeguard the interest of people who deposit materials on roadways in circumstances where we did not in fact intend to create an offence. This matter was raised by the building trade merchants when the Bill was in another place and an undertaking was given that something would be done about it. This Amendment results from that. I understand that it is perfectly acceptable to those who made representations, I think it is in accordance with the wishes of those of your Lordships who expressed doubts on Second Reading, and therefore I beg to move.

THE EARL OF DUNDEE

I thank the noble Lord, Lord Hughes, for putting down this Amendment, which I think fulfils the undertaking which he gave on Second Reading and which had been given previously in another place.

On Question, Amendment agreed to.

Clause 5, as amended, agreed to.

Remaining clauses agreed to.

Schedule 1 [Minor and consequential amendments]:

LORD HUGHES

This is a drafting Amendment. It was not possible for it to appear until the Bill had reached the stage that it reached a few minutes ago. Amendment No. 3 is in exactly the same category. I beg to move.

Amendment moved— Page 16, line 11, at end insert—

("Roads (Scotland) Act 1970 (1970 c.)

7. In section 24 (obstructions and excavations in roads without consent), in subsection (7), in paragraph (a), head (i) shall cease to have effect.")—[Lord Hughes.]

On Question, Amendment agreed to.

Schedule 1, as amended, agreed to.

Schedule 2 [Enactments repealed]:

LORD HUGHES

I beg to move Amendment No. 3:

Amendment moved—

Page 16, line 44, at end insert—

(" 1970 c. Roads (Scotland) Act 1970. In section 24, in subsection (7), paragraph (a)(i).") —(Lord Hughes.)

On Question, Amendment agreed to.

Schedule 2, as amended, agreed to.

House resumed: Bill reported, with Amendments.