HL Deb 18 June 1991 vol 530 cc125-8

202 Schedule 8, page 128, line 2, at end insert:

'Roads Act 1920 (c.72)

.In section 10 of the Roads Act 1920 (powers of Secretary of State in relation to charges for use of vehicles on roads), at the end insert—

"Nothing in this section applies to any sum payable by virtue of Part I or II of the New Roads and Street Works Act 1991.".

Fire Services Act 1947 (c.41)

.—(1) The Fire Services Act 1947 is amended as follows.

(2) In section 3(2) (supplementary powers of fire authorities; provisions as to exercise of power to place fire alarms in public places), for the words from the beginning to "maintaining the road;" or, in Scotland, "of the roads authority;" substitute—

"(2) Before exercising the powers conferred by subsection (1) (c) above in relation to a highway for which they are not the highway authority or, in Scotland, a public road for which they are not the roads authority, a fire authority shall obtain the consent of the highway or roads authority;".

(3) In section 38(1) (interpretation)—

(a) at the appropriate place insert—

"'highway authority' has the same meaning as in the Highways Act 1980;";

and

(b) in the definition of "road" for the words "Public Utilities Street Works Act 1950" substitute "Part IV of the New Roads and Street Works Act 1991".'.

203 Page 130, line 10, at end insert:

'New Towns (Scotland) Act 1968 (c. 16)

. In section 8 of the New Towns (Scotland) Act 1968 (acquisition of land for roads in connection with new towns), in subsection (2) for "a trunk road" substitute "a road for which he is the roads authority".'.

204 Page 130, line 21, after 'lines)' insert'—

  1. (a) for the words "road, other than a trunk road" substitute "a road for which the Secretary of State is not the roads authority"; and
  2. (b)'..

205 Page 130, line 42, at end insert:

'Development of Rural Wales Act 1976 (c.75)

. In Schedule 3 to the Development of Rural Wales Act 1976 (the new towns code)—

  1. (a) in paragraph 1(4) (c) for "a trunk road" substitute "a road for which the Secretary of State is the highway authority", and
  2. (b) in paragraph 2(2) for "a trunk road" substitute "a road for which he is the highway authority".'.

206 Page 131, leave out lines 18 to 20.

207 Page 131, line 22, at end insert: '( ) In section 109(1) (interpretation), in the definition of "road", for the words "Public Utilities Street Works Act 1950" substitute "Part IV of the New Roads and Street Works Act 1991".'.

208 Page 132, line 17, at end insert:

'New Towns Act 1981 (c.64)

. In section 11 of the New Towns Act 1981 (acquisition of land for highways), in subsection (2) (a) (powers of Secretary of State) for "a trunk road" substitute "a road for which he is the highway authority".'.

209 Page 133, line 10, leave out ' "upon," ' and insert ' "in, on,".'.

210 Page 133, line 13, after 'substitute "' insert 'in'.

211 Page 133, line 18, leave out paragraph 111.

212 Page 133, line 41, at end insert:

'Transport Act 1985 (c.67)

.—(1) The Transport Act 1985 is amended as follows.

(2) In section 7(12) (application of traffic regulation conditions to local bus services; requirement of consent of Secretary of State) for "a trunk road" substitute "a road for which the Secretary of State is the highway or roads authority".

(3) In section 137(1) (interpretation), omit the definition of "trunk road".'.

213 Page 133, line 43, leave out from beginning to 'for' in line 44 and insert:

'113.—(1) Section 62 of the Airports Act 1986 (provisions as to telecommunications apparatus) is amended as follows.

(2) In subsection (2) (cases in which highway authority or owner of subsoil may require alteration of apparatus), for paragraph (b) substitute—

"(b) for the improvement of the highway where the Secretary of State is not the highway authority,".

(3) In subsection (4) (limit on effect of subsection (2) (b),'.

214 Page 134, line 31, at end insert:

'Road Traffic Act 1988 (c.52)

.—(1) The Road Traffic Act 1988 is amended as follows.

(2) In section 22A (3) (c) (i), omit the words "section 8 of the Public Utilities Street Works Act 1950".

(3) In section 39 (provisions with respect to road safety)—

  1. (a) in subsection (3) (a) (duty of local authority as to study of road accidents), for "trunk roads" substitute "roads for which the Secretary of State is the highway authority (in Scotland, roads authority)";
  2. (b) in subsection (3) (b) (duties as to taking of measures in light of studies), for "roads for which they are the highway authority (in Scotland, local roads authority)" substitute "roads for the maintenance of which they are responsible".

(4) In section 192(1) (general interpretation), for the definition of "highway authority" substitute— "'highway authority', in England and Wales, means—

  1. (a) in relation to a road for which he is the highway authority within the meaning of the Highways Act 1980, the Secretary of State, and
  2. (b) in relation to any other road, the council of the county, metropolitan district or London borough, or the Common Council of the City of London, as the case may be;".'.

215 Page 135, line 41, leave out paragraph 119.

216 Page 136, line 3, at end insert: . In the same Schedule, in paragraph 12 (interpretation), omit the definitions of "navigation authority" and "railway authority".'.

217 Page 136, line 5, leave out from beginning to 'for' in line 6 and insert:

'119.—(1) Section 256 of the Town and Country Planning Act 1990 (provisions as to telecommunications apparatus) is amended as follows.

(2) In subsection (3) (power of local highway authority to require alteration of apparatus) for "highway, other than a trunk road" substitute "highway for which the Secretary of State is not the highway authority".

(3) In subsection (4) (limitation of power under subsection (3))'.

218 Page 136, line 9, at end insert:

'Natural Heritage (Scotland) Act 1991 (c. )

. In paragraph 5(4) of Schedule 7 to the Natural Heritage (Scotland) Act 1991 (works under drought orders), for "section 39(1) of the Public Utilities Street Works Act 1950" substitute "section 106 of the New Roads and Street Works Act 1991".'.

219 Schedule 9, page 136, line 42, column 3 at end insert:

'In section 184—
(a) in subsection (9), the words from "In relation to works" to the end;
(b) subsection (14).'.

220 Page 138, line 4, at end insert:

'Section 132A.'

221 Page 138, line 14, column 3, at beginning insert:

'Section 127.'

222 Page 138, line 41, at end insert:

'1985 c. 67. Transport Act 1985. In section 137(1), the definition of "trunk road".

223 Page 1.38, line 45, at end insert:

'1988 c. 52. Road Traffic Act 1988. In section 22A (3) (c) (i), the words "section 8 of the Public Utilities Street Works Act 1950".'.

224 Page 139, line 14, column 3, at beginning insert:

'In Schedule 4, in paragraph 12, the definitions of "navigation authority" and "railway authority".'.

Lord Brabazon of Tara

My Lords, with the leave of the House, I beg to move that the House do agree with the Commons in their Amendments Nos. 202 to 224 en bloc. These amendments have already been spoken to.

There is a misprint in Amendment No. 217. The reference should be to page 136 and not page 138 as printed. With that reservation, I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 202 to 224.—(Lord grabazon of Tara.)

On Question, Motion agreed to.

An amendment (privilege) made.