§ 195 Schedule 8, page 125, line 20, leave out from beginning to end of line 9 on page 126 and insert:
§ "'Charge for occupation of road.
§ 61A.—(1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods—
- (a) such period as may be prescribed; or
- (b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.
§ (2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act—
- section 56 (works executed in or excavations under a public road);
- section 58 (occupation of road for deposit of building materials and erection of scaffolding);
- section 59 (placing or depositing anything in a road);
- section 61 (placing, leaving, retaining, maintaining, repairing and reinstating apparatus in or under a public road); or
- section 85 (depositing a builders' skip).
§ (3) For the purposes of paragraph (b) of subsection (1) above. in default of agreement, the roads authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbiter.
§ (4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
§ (5) The regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation—
- (a) is likely to exceed the prescribed period,
- (b) is likely to exceed the period stated in the previous estimate, or
- (c) is likely to exceed the period previously agreed or determined to be a reasonable period,
§ he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
§ (6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant.
§ (7) The regulations may make provision as to the time and manner of making payment of any charge.
§ (8) The regulations shall provide that a roads authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.
§ (9) In this section "prescribed" means prescribed by the Secretary of State by regulations.".'.
196 Page 127, line 27, at end insert:
'(3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and—
§ (4) In sub-paragraph (3) "prescribed" means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
§ 197 Page 127, line 40, at end insert:
§ '14D.—(1) A toll order shall be subject to special parliamentary procedure where—
- (a) the relevant special road scheme provides for the appropriation by or transfer to the special road authority of an existing public road comprised in the route prescribed by the scheme, and
- (b) the toll order authorises the charging of tolls for the use of that existing road or any part of it,
§ (2) Where the Secretary of State proposes to give such a certificate, he shall—
- (a) give public notice of his intention to do so,
- (b) afford an opportunity to all persons interested to make representations and objections, and
- (c) cause a public local inquiry to be held if it appears to him to be expedient to do so, having regard to representations or objections made,
§ (3) As soon as may be after giving a certificate, the Secretary of State shall publish in the Edinburgh Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given.'.
§ 198 Page 127, line 41, leave out ' 14D' and insert '14E'.
199 Page 127, line 44, at end insert:
'(3) In paragraph 19 of that Schedule—
200 Page 127, line 44, at end insert:
'.At the end of Schedule 2 to the Roads (Scotland) Act 1984 (validity and date of operation of certain orders and schemes), the following paragraph shall be inserted—
6. The provisions of paragraphs 2 to 4 above apply in relation to a certificate under paragraph 14D (1) of Schedule 1 to this Act as in relation to a scheme or order to which this Schedule applies, subject to the following modifications—
§ Lord Brabazon of Tara
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 195 to 200. These amendments have already been spoken to.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 195 to 200. —(Lord Brabazon of Tara.)
§ On Question, Motion agreed to.