HL Deb 19 October 1981 vol 424 cc621-2

116 Clause 50, page 44, line 34, after 'any', insert 'determination or decision of the authority under section 29(3) or (4) of the 1949 Act in respect of which either there is no right of appeal or no notice of appeal has been duly served; (aa) to give effect to any'.

117 Clause 50, page 44, line 35, leave out 'the 1949' and insert that'.

The Earl of Avon

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 116, and, if I may, I should like to move No. 117 at the same time. In addition to enabling the abandonment of surveys and reviews being carried out under the present procedures, Clause 50 also provided that in the event of abandonment those proposals in draft maps and statements which did not attract objections, or, if they did, on which the Secretary of State has given a decision, shall take effect.

Under the survey procedure in the 1949 Act, responsibility for the determination of objections and representations to draft maps and statements rests with the surveying authority with a subsequent right of appeal to the Secretary of State on some but not all of the authorities' decisions. Since the Bill did not require decisions for which there is no right of appeal, or for which the right of appeal has not been exercised, to be given effect, and there is no apparent reason why they should not stand, we remedied the situation with these amendments. I beg to move.

Moved, That this House doth agree with the Commons in the said amendments.—(The Earl of Avon.)

On Question, Motion agreed to.