HL Deb 18 June 1991 vol 530 cc69-70

5 Clause 11, page 7, line 33, at end insert: '( ) A toll order may not be varied so as to extend the toll period; and a toll order which does not authorise the charging of tolls in respect of the whole length of the special road to which it relates may not be varied so as to extend the length of road in respect of which tolls may be charged.'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 5. I shall speak also to Amendments Nos. 17, 25, 166, 167 and 197 to 200.

These amendments deal with a matter which I recall was mentioned at earlier stages in this House. It may sometimes be expedient to include in a toll road a piece of existing free road. We do not want to rule that out entirely, but we want to ensure that there are adequate safeguards for those who have a right to use the existing road. These amendments will serve that purpose.

The main amendment in the group is No. 166. This would make a toll order which would affect any length of existing free road, no matter how small, subject to special parliamentary procedure, unless some alternative free road were provided. That is similar to what happens when common land is acquired under statutory powers—some other land has to be provided in exchange, and if it cannot be, the compulsory purchase order is subject to special parliamentary procedure. That would involve setting up a joint committee of both Houses to hear outstanding petitions. The order could not come into effect unless and until the Committee approved it, or (as happens only extremely rarely) a confirmation Act were passed by Parliament.

If the concessionaire is not able or prepared to provide a new piece of free road in addition to the toll road, one other possibility is open. He may obtain a toll order which still allows free use of the piece of existing road with suitable access to the free network at either end, of course. So traffic using this stretch and no other part of the concession road would not have to pay any toll. The second part of Amendment No. 5 (following the semicolon) ensures that an order of this kind, once made, cannot then be extended to allow tolling on the other sections of the road.

Where there is already a suitable alternative road, or where the concessionaire is providing one, the Secretary of State may issue a certificate to that effect. The rest of Amendment No. 166 and much of Amendment No. 167 are concerned with the procedures for this certification. There will be an opportunity to make objections, which can be heard concurrently with those relating to the order itself so as not to be a source of additional delay in providing the road.

Moved, That the House do agree with the Commons in their Amendment No. 5.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.