HL Deb 18 June 1991 vol 530 cc119-22

166 Schedule 2, page 95, line 15, at end insert:

'Special parliamentary procedure where existing highway appropriated or transferred

8A.—(1) A toll order shall be subject to special parliamentary procedure where—

  1. (a) the relevant special road scheme provides for the appropriation by or transfer to the special road authority of an existing highway comprised in the route prescribed by the scheme, and
  2. (b) the toll order authorises the charging of tolls for the use of that existing highway or any part of it,
unless the Secretary of State is satisfied as regards all classes of traffic entitled to use the existing highway that another reasonably convenient route free of toll is available, or will be provided before the date on which the appropriation or transfer takes effect, and certifies accordingly.

(2) Where the Secretary of State proposes to give such a certificate, he shall—

  1. (a) give public notice of his intention to do so,
  2. (b) afford an opportunity to all persons interested to make representations and objections, and
  3. (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,
and before deciding whether to give the certificate he shall consider any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry.

(3) As soon as may be after giving a certificate, the Secretary of State shall publish in the London Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given.'.

167 Page 95, line 37, at end insert:

'9A. —(1) In relation to a toll order which is subject to special parliamentary procedure—

  1. (a) if the order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, paragraph 9 above does not apply;
  2. (b) in any other case, that paragraph has effect subject to the following modifications—
    1. (i) the reference in sub-paragraph (1) to the date on which the notice required by paragraph 8 is published (or first published) shall be construed as a reference to the date on which the order becomes operative under the Act of 1945, and
    2. (ii) in sub-paragraph (5) the words "and shall become operative" to the end shall be omitted.

(2) The provisions of paragraph 9(1) to (3) and (5) above apply in relation to a certificate under paragraph 8A as in relation to a toll order, subject to the following modifications—

  1. (a) the reference in sub-paragraph (1) to the notice required by paragraph 8 shall be construed as a reference to the notice required by paragraph 8A (3), and
  2. (b) in sub-paragraph (5) for "made or confirmed" substitute "given" and omit the words from "and shall become operative" to the end.'.

168 Schedule 3, page 95, line 41, leave out paragraph I and insert:

'1. Before granting a street works licence the street authority shall give not less than 10 working days' notice to each of the following—

  1. (a) where the works are likely to affect a public sewer, to the sewer authority,
  2. (b) where the works are to be executed in a part of a street which is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,
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  3. (c) where in any other case the part of the street in which the works are to be executed is carried or crossed by a bridge, to the bridge authority,
  4. (d) to any person who has given notice under section 50 (advance notice of certain works) of his intention to execute street works which are likely to be affected by the works to which the licence relates, and
  5. (e) to any other person having apparatus in the street which is likely to be affected by the works;
but a failure to do so does not affect the validity of the licence.'.

169 Page 96, line 6, leave out first 'the' and insert 'any'.

170 Page 96, line 9, leave out paragraph 3.

171 Schedule 4, page 98, line 19, leave out 'or part of a street'.

172 Page 99, line 35, leave out 'a consumer' and insert premises'.

173 Schedule 5, page 101, line 35, leave out 'existing special enactments' and insert 'certain existing special enactments or instruments), or an order under section (Effect of Part III on other existing enactments or instruments) (effect of Part III on other existing enactments or instruments) relating to a special enactment or instrument,'.

174 Page 101, line 37, after 'enactment' insert 'or instrument'.

175 Page 102, line 9, column 1, after 'enactment' insert 'or instrument'.

176 Page 102, line 20, column 1, after 'enactment' insert 'or instrument'.

177 Page 102, line 22, column 2, after 'enactment' insert 'or instrument'.

178 Page 102, leave out lines 24 to 27 and insert:

'Order under section (Effect of Part III on other existing enactments or instruments) amending, repealing or preserving effect of enactment or instrument Any person whose interests are specially affected by the proposed provision

179 Schedule 6, page 103, line 14, leave out 'or part of a road'.

180 Page 104, line 31, leave out 'a consumer' and insert 'premises'.

181 Schedule 7, page 106, line 33, leave out 'existing special enactments' and insert 'certain existing special enactments or instruments), or an order under section (Effect of Part IV on other existing enactments or instruments) (effect of Part IV on other existing enactments or instruments) relating to a special enactment or instrument,'.

182 Page 106, line 35, after 'enactment' insert 'or instrument'.

183 Page 107, line 4, column 1, after 'enactment' insert 'or instrument'.

184 Page 107, line 15, column 1, after 'enactment' insert 'or instrument'.

185 Page 107, line 17, column 2, after 'enactment' insert 'or instrument'.

186 Page 107, leave out lines 19 to 22 and insert:

'Order under section (Effect of Part IV on other existing enactments or instruments) amending, repealing or preserving effect of enactment or instrument Any person whose interests are specially affected by the proposed provision

187 Schedule 8, page 108, leave out lines 13 to 42 and insert:

"'Builders' skips: charge for occupation of highway.

140A.—(1) The Minister may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay a charge to the highway authority where—

  1. (a) the period for which the skip remains in the highway exceeds such period as may be prescribed, and
  2. (b) the skip is not removed within a reasonable period.

(2) For this purpose "a reasonable period" means such period as is agreed by the authority and the owner of the skip to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

(3) The regulations may provide that if a person applying to the highway authority for permission under section 139 above submits together with his application an estimate of the likely duration of the occupation of the highway, 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.

(4) The regulations may also provide that if it appears to the owner of the skip that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation of the highway—

  1. (a) is likely to exceed the prescribed period,
  2. (b) is likely to exceed the period stated in his previous estimate, or
  3. (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 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 amount of the charge shall be determined in such manner as may be prescribed by reference to the period for which the highway is occupied by the skip and the extent of the occupation.

Different rates of charge may be prescribed according to the place and time of the occupation and such other factors as appear to the Minister to be relevant.

(6) The regulations may make provision as to the time and manner of making payment of any charge.

(7) The regulations shall provide that a highway 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.

(8) In this section "prescribed" means prescribed by the Minister by regulations.".'.

188 Page 109, leave out lines 10 to 45 and insert:

' "Works under s. 169 or s. 171: charge for occupation of the highway.

171A.—(1) The Minister may make provision by regulations requiring a person carrying out any of the following works in a highway maintainable at the public expense

  1. (a) erecting or retaining a relevant structure within the meaning of section 169(1) above, or
  2. (b) depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,
to pay a charge to the highway authority if the duration of the works exceeds such period as may be prescribed and the works are not completed within a reasonable period.

(2) For this purpose "a reasonable period" means such period as is agreed by the authority and the person executing the works to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

(3) The regulations may provide that if a person applying to the highway authority for a licence under section 169 or consent under section 171 submits together with his application an estimate of the likely duration of the works, 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.

(4) The regulations may also provide that if it appears to the person carrying out the works that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—

  1. (a) is likely to exceed the prescribed period,
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  2. (b) is likely to exceed the period stated in his previous estimate, or
  3. (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 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 amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the highway is affected by the works.

Different rates of charge may be prescribed according to the description of works, the place and time at which they are executed and such other factors as appear to the Minister to be relevant.

(6) The regulations may make provision as to the time and manner of making payment of any charge.

(7) The regulations shall provide that a highway 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.

(8) In this section "prescribed" means prescribed by the Minister by regulations.".'.

189 Page 110, line 5, leave out paragraph 9 and insert:

'9. In section 184 of the Highways Act 1980 (vehicle crossings over footways and verges), omit—

  1. (a) in subsection (9), the words from "In relation to works" to the end, and
  2. (b) subsection (14)
and in subsection (15) (supplementary provision as to costs recoverable by highway authority), for "the cost of any works which are required by the said Act of 1950 to be executed" substitute "the cost of any measures needing to be taken in relation to undertaker's apparatus, in accordance with section 80 of the New Roads and Street Works Act 1991,".'.

190 Page 111, line 1, leave out from 'containing' to 'shall' in line 3 and insert '—

  1. (a) the first regulations for the purposes of section 140A,
  2. (b) the first regulations for the purposes of section 17IA as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or
  3. (c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 166 to 190 en bloc. The amendments have already been spoken to.

Moved, That the House do agree with the Commons in their Amendments Nos. 166 to 190 en bloc.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.