§ Clause 18, page 16, line 26, at end insert ("and no claim shall be made if the highway does not become a highway so maintainable within three years of the relevant date as determined in accordance with paragraph (a) above but, if it does, the claim period shall be treated as continuing until the end of one year from the date on which it becomes a highway so maintainable if, apart from this provision, that period would end earlier.
§ (4) In the application of subsection (3) above to Scotland—
- (a) for the words from "highway which" to "defined above" and for the words "highway does" there shall be substituted respectively the words "road which has not always been a highway" and "road does";
- (b) the words "so maintainable "wherever they occur shall be omitted.")
§ The Commons agreed to the above amendment but proposed the following Amendments thereto:—
§ [Nos. 1–3]
§ Line 2, leave out from the beginning to ("but") in line 4 and insert ("the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date".)
§ Line 6, leave out ("a highway")
§ Line 9, leave out paragraphs (a) and (b) and insert—
- ("(a) for the words from "highway which" to "defined above" and "highway so maintainable" there shall be substituted respectively the words "road which has not always since 17th October 1969 been a highway" and "highway";
- (b) for the words "the highway was not so maintainable and the highway does not become so maintainable" there shall be substituted the words "the road was not a highway and the road does not become a highway"
- (c) for the words "it becomes so maintainable" there shall be substituted the words "it becomes a highway".".)
§ LORD SANDFORDMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 1 to the Lords' Amendment to Clause 18 at page 16, line 26. I would suggest to the House that it would be convenient if at the same time I spoke to the Commons Amendments Nos. 2 and 3 which go with No. 1. The Amendment to subsection (3) at Report stage in the House of Lords had the effect of permitting the making of claims where a highway becomes maintainable at the public expense within three years of opening to public traffic, the "relevant date". However, that Amendment was amended in the House of Commons because it also had the effect of precluding potential future claims under Clause 9 in respect of carriageway alterations made after the highway has become maintainable at the public expense. These further Amendments are necessary to ensure that such future claims are not barred. The second Amendment is purely drafting. The substitution of new paragraphs (b) and (c) is a Scottish adaptation made necessary by the above Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Sandford.)
§ On Question, Motion agreed to.
1101THE DEPUTY CHAIRMAN OF COMMITTEES (VISCOUNT HOOD)The Question is whether this House doth agree with the Commons in their Amendments Nos. 2 and 3.
§ LORD SHACKLETONMy Lords, may I ask what is happening? Are we agreeing to Amendment No. 1 or No. 2 or No. 3? The Amendments surely should be taken separately.
§ LORD SANDFORDMy Lords, I agree. I suggested when I was moving Amendment No. 1 (which I have done and which the House has accepted) that I should speak to Nos. 2 and 3—which I did. I think that the Chair has put No. 2 and the House is, I hope, about to give agreement to it.
§ Moved, That this House doth agree with the Commons in Amendment No. 2. —(Lord Sandford.)
§ On Question, Motion agreed to.
§ LORD SANDFORDMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 3.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Sandford.)
§ On Question, Motion agreed to.