§ [References are to Bill [243] as first printed for the Commons.]
§
1 Clause 24, page 25, line 39, leave out subsection (4) and insert—
("(4) The Minister or a local highway authority may provide and maintain new road-ferries.").
§
2 Clause 26, page 27, line 1, leave out sub-section (2) and insert—
("(2) Where it appears to the Secretary of State in a particular case that there is need for a footpath or bridleway as mentioned in subsection (1) above, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of this section in relation to the land
1486
concerned, make a public path creation order creating the footpath or bridle-way.").
§ 3 Clause 26, line 10, leave out from beginning of ("a") in line 11.
§ 4 Clause 27, page 27, line 42, leave out subsections (2) to (4).
§ 5 Clause 27, page 28, line 20, leave out from beginning to ("specified") in line 21 and insert ("It shall be the duty of the highway authority to carry out any works")
§
6 Clause 27, line 38, leave out subsection (7) and insert—
("(7) Where the Secretary of State makes a public path creation order under section 26(2) above, he may direct that subsection (7A) below shall apply.
(7A) Where the Secretary of State gives such a direction—
§ 7 Clause 37, page 39, line 12, leave out ("clerk") and insert ("proper officer").
§ 8 Clause 56, page 53, line 34, leave out subsection (6).
§ 9 Clause 74, page 67, line 33, leave out subsection (2).
§ 10 Clause 90, leave out Clause 90.
§ 11 Clause 91, leave out Clause 91.
§ 12 Clause 118, page 103, line 9, leave out from ("withheld") to end of line 10.
§ 13 Clause 118, page 104, line 27, leave out second ("clerk") and insert ("proper officer").
§ 14 Clause 122, page 108, line 25, leave out ("the") and insert ("a").
§ 15 Clause 122, page 108, line 25, leave out lines 42 to 46 and insert ("he may himself make the order after consultation with the appropriate authority").
1487§ 16 Clause 122, page 109, 1, leave out subsection (4).
§
17 Clause 122, page 109, line 11, leave out subsection (6) and insert—
("(6) Where under subsection (3) above the Secretary of State decides to make a public diversion order, he may require the owner, lessee or occupier on whose representations he is acting to enter into an agreement with such council as he may specify for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 121(5) above.".).
§ 18 Clause 126, page 111, line 43, leave out from ("making") to ("received") in line 44 and insert ("of an order by the Minister").
§ 19 Clause 126, page 112, line 1, leave out ("the Minister; and") and insert ("him;
§ (ca) for objections to the confirmation of an order made by a local highway authority to be considered by the Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up;
§ (cb) for objections to the confirmation of an order made by a local highway authority received within such period as may be so prescribed and not withdrawn to be considered by the local highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (ca) above or if all such objections so received are withdrawn before the order is referred to the Minister for confirmation;".).
§ 20 Clause 126, page 112, line 6, leave out subsection (5) and insert—
§ ("(5) In the case of an order made by a local authority under this section—
- (a) if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (4) above; or
- (b) if every such objection so received is withdrawn; or
- (c) if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn,
§ (5A) Before confirming an order with modifications the local highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall 1488 inform every such owner, lessee or occupier as is mentioned in subsection (5)(c) above and every other person who appears to them to be likely to be affected by the modifications to the order—
- (a) of their intention to make the order; and
- (b) of the form in which they propose to make it.
§ (5B) The local highway authority shall give every such person as is mentioned in subsection (5A) above an opportunity to make representations with regard to the order, and shall consider any representations with regard to it which any such person makes.".).
§ 21 Clause 132, page 115, line 23, leave out first ("highway") and insert ("highways").
§ 22 Clause 137, page 119, line 28, leave out from ("way") to end of line 30.
§ 23 Clause 149, page 130, line 35, leave out subsections (3) and (4).
§ 24 Clause 149, page 131, line 14, leave out from ("section") to ("the public") in line 15.
§ 25 Clause 149, page 131, line 22, leave out from ("section") to ("is") in line 23.
§ 26 Clause 150, page 131, line 42, leave out ("or gipsy").
§ 27 Clause 174, page 157, line 29, leave out ("(1)") and insert (2)").
§ 28 Clause 184, page 168, line 36, leave out ("licence") and insert ("licencee").
§ 29 Clause 214, page 191, line 35, after ("interest") insert ("at such reasonable rates as the authority may determine").
§ 30 Clause 214, page 192, line 14, leave out subsection (5).
§ 31 Clause 221, page 196, line 15, after ("Executive") insert (", the National Freight Corporation (as far as included in this paragraph by paragraph 15(a) of Schedule 23 to this Act)").
§ 32 Clause 222, page 199, line 44, after ("amount") insert ("paid").
§ 33 Clause 239, page 213, leave out lines 21 and 22.
§ 34 Clause 273, page 246, line 20, leave out from ("authority") to end of line 23.
§ 35 Clause 273, page 246, line 44, leave out ("subject to the approval of the Minister").
§ 36 Clause 282, page 251, line 25, leave out subsection (2).
§ 37 Clause 294, page 260, line 12, leave out from ("section") to end of line 15 and insert ("32(9) of the Magistrates' Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or".)
§ 38 Clause 299, page 262, line 32, leave out from ("section") to end of line 35 and insert ("32(9) of the Magistrates' Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or").
1489§ 39 Clause 303, page 264, line 17, leave out subsection (3).
§ 40 Clause 307, page 265, line 25, after ("interest"), insert ("at such reasonable rate as the council may determine").
§ 41 Clause 307, page 265, line 33, after ("expense") insert ("and interest").
§ 42 Clause 307, page 265, line 35, after ("interest",) insert ("on them at such reasonable rate as the authority may determine".).
§ 43 Clause 307, page 266, line 9, leave out subsection (5).
§ 44 Clause 322, page 271, line 9, leave out subsections (2) to (4).
§ 45 Clause 331, page 280, line 20, leave out ("1952") and insert ("1980").
§ 46 Clause 331, page 283, line 1, after ("Executive",) insert (",the National Freight Corporation as far as included in this subsection by paragraph 15(b) of Schedule 23 to this Act)".).
§ 47 Clause 343, leave out Clause 343.
§ 48 Clause 348, page 293, line 20, leave out from ("force") to the end of line 21 and insert ("on 1st January 1981").
§ In the Schedules
§
49 Schedule 8, page 314, line 46, leave out paragraph 4 and insert—
("4. Where the consent of the Minister is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister's consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.").
§ 50 Schedule 22, page 337, line 29, leave out from ("167") to ("to") in line 30 and insert ("sections 173").
§ 51 Schedule 22, page 337, line 34, after ("188") insert ("to 190, 192").
§
52 Schedule 23, page 338, line 4 leave out paragraph 1 and insert—
("1. Section 6(1) and section 7(1) of this Act shall have effect in relation to land acquired by a Minister in connection with a trunk road, or, as the case may be, acquired by the Greater London Council in connection with a metropolitan road, under subsection (5) or (6) of section 214 of the Highways Act 1959 (or, in the case of a Minister, under so much of section 13 of the Restriction of Ribbon Development Act 1935 as is re-enacted in those subsections) as they have in relation to land so acquired under section 248 of this Act (or, by virtue of paragraph 17 below, under section 22 of the Land Compensation Act 1973).").
§ 53 Schedule 22, page 341, line 22, leave out subparagraph (4).
1490§ 54 Schedule 22, page 344, line 9, leave out ("section 41 of the Community Land Act 1975' and insert 'section 120 of the Local Government, Planning and Land Act 1980 (which re-enacts with modifications section 41 of the Community Land Act 1975).").
§ 55 Schedule 22, page 345, line 43, at end insert—
§ ("References to Magistrates' Courts Act 1980
§ Until the day appointed for the coming into force of the Magistrates' Courts Act 1980—
- (a) the references in sections 294(4) and 299(3) of this Act to sections 32(9) and 143(1) of the Magistrates' Courts Act 1980 shall be construed respectively as references to sections 28(7) and 61(1) of the Criminal Law Act 1977;
- (b) the reference in section 331(1) of this Act, in the definition of "petty sessions area", to the Magistrates' Courts Act 1980 shall be construed as a reference to the Magistrates' Courts Act 1952.").
§ 56 Schedule 24, page 347, line 13, after ("(2)") insert (",(4)")
§ 57 Schedule 24, page 355, line 11, at end insert—
§ ("Refuse Disposal (Amenity) Act 1978
§ 'In section 3(3) of the Refuse Disposal (Amenity) Act 1978 for "the Highways Act 1959" substitute "the Highways Act 1980".").
§ 58 Schedule 25, page 357, column 3, leave out lines 15 to 17
§ 59 Schedule 25, page 357, line 58, at end insert—
| ("1980 c. 43. | Magistrates' Courts Act 1980. | In Schedule 7, paragraph 29.") |
§ 60 Schedule 25, page 357, line 58, at end insert—
| ("1980 c. 00. | Local Government, Planning and Land Act 1980. | In Schedule 7, paragraphs 1(2), 2(1) (2)(b), (3) and (4), 3(1),(3) and 5."). |
§ The LORD CHANCELLORMy Lords, with the permission of the House, I shall take these amendments—I think I can safely say so—en bloc. I beg to move that in each case this House doth agree with the Commons in their amendments. There are, in fact, 60 of them, which sounds a formidable menu, but in fact, as your Lordships will remember, this is an enormous consolidation Bill.
Forty of the amendments are simply consequential on amendments to the existing highways legislation contained in the Local Government, Planning and Land (No. 2) Bill, which is now to receive 1491 the Royal Assent. Four are consequential on the passing of another consolidation Act, the Magistrates' Courts Act 1980: and, with one exception, the remaining amendments are minor drafting amendments.
That leaves me with one, Amendment No. 48. The effect of that is to bring the Act into force on 1st January 1981 rather than three months after the Royal Assent to this Bill. The reason for that is due to the terms of a certain private Act known as the South Yorkshire Act. I hope that that covers all the amendments. I beg to move.
§ Moved, That this House doth agree with the Commons in their Amendments Nos. 1 to 60 en bloc.
§ Lord ELWYN-JONESMy Lords, naturally one takes what the noble and learned Lord the Lord Chancellor says on trust in these matters, and I gladly share that trust. It is an unusually large collection—if that is not too unkind a description of it—of amendments on consolidation. One looks with prima facie concern and alarm at the ease with which a large number of clauses in the Bill, as it originally came forward, are now simply left out, but I understand that that is a result of later legislation, and I accept that that is so. Clearly, the amendments have been considered carefully and with approval in another place, and I am content to rely on the assurances of the noble and learned Lord the Lord Chancellor.
§ The LORD CHANCELLORMy Lords, I am deeply obliged to the noble and learned Lord, Lord Elwyn-Jones, for his confiding nature, which I hope will prove to be well justified. I expect that it is due to the fact that he knows that in a matter of this kind I am the recipient of excellent advice from professional sources. I can only say that I am very grateful to him for allowing me to deal with the matter in this way. I agree that it is a formidable task in appearance, but I think that the reality is less serious.
§ On Question, Motion agreed to.