HL Deb 28 June 1984 vol 453 cc1095-6

7.38 p.m.

Read a third time.

Clause 3 [Conversion of footpaths into cycle tracks]:

Lord Henley moved Amendment No. 1: Page 2, line 41, after ("highway") insert ("which for the purposes of the 1980 Act is a highway").

The noble Lord said: My Lords, with the leave of the House I will speak to all three amendments at the same time. Amendment No. 2: Page 2, line 41, after ("expense") insert ("and"). Amendment No. 3: Page 4, line 40, at end insert ("or a part of a footpath (as the case may be) and, as such, it shall only be maintainable at the public expense for the purposes of the 1980 Act if, prior to the original order taking effect, it constituted a highway so maintainable or, on the order under this subsection taking effect, it forms part of a highway so maintainable.").

When we accepted the amendments to Clause 3(1) moved at Report stage by the noble Lord, Lord Carmichael of Kelvingrove, I said that we would need to consider a number of consequential technical amendments. These are the three amendments to which I referred. My first two amendments tie the responsibility under subsection (1) to maintain a cycle track at public expense to the responsibility given in the Highways Act 1980. These are purely technical amendments to meet the requirements of the definition for highways maintaintable at the public expense which appears at Section 329 of the 1980 Highways Act.

My third amendment deals with revocation of footpath conversion orders. When a footpath conversion order is revoked under subsection (9) and the cycle track reverts to being a footpath, it is appropriate that the footpath should be only maintainable by the local highway authority if they previously maintained it. This is what my amendment seeks to do. It also clarifies the position where a revocation involves part of a footpath. I beg to move.

Viscount Long

My Lords, I am most grateful to my noble friend, and I can assure him that the Government accept the need for these amendments and support them.

On Question, amendment agreed to.

Lord Henley moved Amendment No. 2:

[Printed above.]

The noble Lord said: My Lords, I have already spoken to this amendment. I beg to move.

On Question, amendment agreed to.

Lord Henley moved Amendment No. 3:

[Printed above.]

The noble Lord said: My Lords, I have already spoken to Amendment No. 3. Again, I beg to move.

On Question, amendment agreed to.

Lord Belstead

My Lords, I have it in command from Her Majesty the Queen and His Royal Highness the Prince of Wales that their Royal Highnesses, having been informed of the purport of the Cycle Tracks Bill, have consented to place their prerogative and interest so far as they are concerned on behalf of the Crown and the Duchy of Cornwall at the disposal of Parliament for the purposes of the Bill.

Lord Henley

My Lords, I beg to move that this Bill do now pass.

Moved. That the Bill do now pass.—[Lord Henley.]

On Question, Bill passed, and returned to the Commons with amendments.

The Earl of Caithness

I beg to move that the House do now adjourn during pleasure until 8 o'clock.

Moved accordingly, and, on Question, Motion agreed to.

[The Sitting was suspended from 7.41 until 8 p.m.]