HL Deb 24 October 1984 vol 456 cc232-5

63 Clause 20, page 18, line 17, after ("initimated") insert ("by the applicant").

64 line 18, leave out ("lands and heritages") and insert ("land").

65 page 19, line 9, after ("date") insert ("of the intimation to him").

66 Clause 28, page 21, line 12, after ("road") insert ("or proposed road").

67 line 14, after ("road") insert ("or proposed road").

68 line 34, after ("road") insert ("or proposed public road").

69 Clause 30, page 21, line 38, after ("road") insert ("or proposed public road").

70 line 40, leave out ("the road") and insert ("it").

71 line 41, leave out ("the road") and insert ("it").

72 line 1, leave out ("the road") and insert ("it").

73 line 4, leave out ("the road") and insert ("it").

74 line 6, leave out ("the road") and insert ("it").

75 Clause 31, page 23, line 5, after ("road") insert ("or proposed public road").

76 Clause 34, line 33, at end insert— ("(1A) In subsection (1) above, the reference to roads, or proposed roads, which will be maintainable by the local roads authority does not include a reference to—

  1. (a)an existing road which is a prospective public road within the meaning of the Public Utilities Street Works Act 1950;
  2. (b)a new road in course of construction, or to be constructed, other than by or on behalf of the authority; or
  3. (c) a road which would be maintainable by them only if application were made to them under section 15(1) of this Act.")

77 line 38, leave out ("private road") and insert ("road, or proposed road,").

78 line 39, at end insert ("and as regards which no duty is imposed by them by subsection (1) above.").

79 line 41, leave out ("lands and heritages") and insert ("land").

80 line 44, after ("road") insert ("or proposed road").

81 Clause 39. page 26, line 18, leave out ("1967") and insert ("1984").

82 Clause 40, page 26, line 35, at end insert ("; and such provision and maintenance may take place whether the road is in existence and open to public traffic or is a proposed road in course of construction.").

83 line 38, after ("road") insert "(or proposed road)").

84 line 42, after ("road") insert ("(or, where the road is a proposed road, which will on completion of that road be so entitled)").

85 line 41, at end insert— ("(9) Without prejudice to subsections (1) and (2) of this section, in subsections (3) to (7) of this section and in Schedule 4 to this Act references to a road shall be construed as including references to a proposed road.").

Lord Cameron of Lochbroom

My Lords, with the leave of the House, I beg to move that the House doth agree with the Commons in their Amendments Nos. 63 to 85 en bloc. I am happy to give any specification that noble Lords may wish.

Moved, That this House doth agree with the Commons in the said amendments.—(Lord Cameron of Lochbroom.)

On Question, Motion agreed to.

COMMONS AMENDMENT

86 After Clause 47, insert the following new clause—

Provision of bus shelters, etc. by loca! roads authorities. (" .—(1) In the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958, for the words "local authority" wherever they occur other than the places mentioned in subsection (2) below there shall be substituted the words "local roads authority". (2) The excepted places referred to in subsection (1) above are—

  1. (a) the first place where the words "local authority" occur in section 1(2) of the said Act of 1958;
  2. (b) section 3(2) of that Act;
  3. (c) the first place where those words occur in section 4(1) of that Act; and
  4. (d) section 7(1) of that Act.").

4.40 p.m.

Lord Cameron of Lochbroom

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 86. With the leave of the House, perhaps I may speak also to Amendments Nos. 182 and 247, which are consequential.

COMMONS AMENDMENTS

182 Amendment No. 182: After Clause 111, insert the following new clause—

Transfer of officers and property in connection with lighting and bus shelters, etc. (" .—( 1 ) This section applies where, by virtue of section 34 or [Provision of bus shelters, etc. by local roads authorities] of this Act, a function which was, before the commencement of this Act, exercisable by a district council (whether or not concurrently with another local authority) is exercisable by a local roads authority. (2) An officer of a district council who, in the period immediately before the coming into force of this Act, was wholly or mainly employed in duties pertaining, irrespective of how his office or employment was formally described, to a function referred to in subsection (1) above, shall be transferred into the employment of the local roads authority; but such transfer shall not affect any legal right or entitlement of the officer. (3) Subject to any such agreement as is provided for in subsection (4) below, any heritable or moveable property of a district council which is wholly or mainly used, or held, by the council in relation to the discharge of a function referred to in subsection (1) above shall transfer to and vest in the local roads authority. (4) If or in so far as the district council and the local roads authority agree that property shall not be transferred by subsection (3) above, that subsection shall have no effect as regards the property; but the property shall no longer be used or held by the district council in relation to the discharge of a function referred to in subsection (1) above. (5) Any dispute between a district council and a local roads authority as to whether or when a transfer falls to take place under subsection (2) or (3) above or as to any other matter concerning such a transfer shall be determined by arbitration by a single arbiter appointed in default of agreement by the Court of Session, or the sheriff, on the application of either party.").

247 Amendment No. 247: Schedule 8, page 142, line 7, at end insert— ("(4) In section 7(1) (interpretation), after the definition of "local authority" there shall be inserted the following definition— local roads authority" has the same meaning as in the Roads (Scotland) Act 1984.".").

Amendments Nos. 86 and 247 implement a recommendation of the committee which was chaired by the noble Lord, Lord Stodart of Leaston. It was a recommendation, supported by COSLA, that responsibility for the provision and maintenance of bus shelters should be confined to regional or islands councils as part of their general responsibilities for local transport matters. At present, district councils have a concurrent responsibility with regional authorities. All but one of the regional councils already accept full responsibility for bus shelter provision and maintenance. The amendments therefore provide for uniform practice throughout the country.

The new clause added by Amendment No. 182 is necessitated by the transfer to the regional councils of district functions relating to bus shelters and road lighting, and again both these are recommendations of the committee that was chaired by the noble Lord, Lord Stodart of Leaston. This new clause allows for property to be transferred from district councils to the local roads authority—most notably this would be road lights and bus shelters—and for the transfer of any staff wholly or mainly employed by the district councils on either of those functions.

Moved, That this House doth agree with the Commons in the said amendment.— (Lord Cameron of Lochbroom.)

Lord Ross of Marnock

My Lords, this is one of the more respectable clauses in this rather silly Bill. The question must arise: why did the Government wait until this got to the Commons before they put it in? After all, Lord Stodart's committee reported in 1981, and that is now getting on for three years ago. We are all conversant with the actual clause. I think it was chapter 14 and paragraph 207 of that report which dealt with the subject of bus shelters and also with the cleansing. We had a Bill on this subject. Once again, it is pretty unfair to ask a new boy to explain the delays of the Government and their muddled thinking in respect of this. We had an actual Bill on the subject of Stodart. No wonder the noble Lord, Lord Stodart, is not here. He is ashamed that his Bill should be handled in this dilatory way. If the noble and learned Lord opposite has received an explanation, if the cavalry are as good as they used to be, then he might let us have it.

Lord Cameron of Lochbroom

My Lords, again I shall be happy to try to allay the apprehension of the noble Lord, Lord Ross. My understanding is that in this case, despite the fact that the recommendation was made some time ago, it was necessary for negotiation about the matter to continue with interested parties. That is why, as I indicated just now to your Lordships, the amendment now comes supported by COSLA.

On Question, Motion agreed to.