25 Clause 32, page 20, line 25, at end insert:
'( ) Without prejudice to section 28 above (extension toll orders), a toll order may not be varied so as to extend the toll period.
'( ) 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.'.
§ 26 Clause 33, page 20, line 45, after '26(1)' insert 'terminates or'.
27 Page 21, line 16, at end insert:
'(5) Where an assignation granted by the special road authority under section 26(1) terminates or is terminated before the end of the toll period and the authority either intends to grant a fresh assignation or to charge and collect tolls itself then, for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981, or any regulations replacing those regulations, the concessionaire shall be treated as transferring to the authority an undertaking which, if a new concessionaire is appointed, the authority shall be treated as then transferring to the new concessionaire.
(6) References in this Part to the termination of an assignation are references to the termination of the rights assigned under the assignation.'.
§ 28 Clause 34, page 21, line 22, leave out 'which specifies maximum tolls'.
§ 29 Page 21, line 23, leave out 'which is subject to a maximum'.
§ 30 Page 21, line 24, leave out from beginning to end of line 29 and insert:
- '(a) a police vehicle, identifiable as such by writing or markings on it or otherwise by its appearance, if being used for police purposes;
- (b) an ambulance as defined in section 4(2) of the Vehicles (Excise) Act 1971:
- (c) a fire engine as so defined;
- (d) a vehicle exempt from duty under that Act by virtue of—
- section 4(1) (g) of that Act (invalid carriages),
- section 4(1) (kb) of that Act (vehicles used for carriage of disabled persons by recognised bodies), or
- section 7(2) of that Act (vehicles used by or for purposes of disabled person).'.
§ 31 Clause 37, page 23, line 4, leave out 'by a toll order'.
32 Page 23, line 8, leave out subsection (2) and insert:
'( ) Those responsible for the design and construction of facilities for the collection of tolls, and those responsible for the collection of tolls at such facilities, shall have due regard to the need to avoid delaying the passage of such vehicles as are mentioned in section 34(2) (a), (b) or (c) (police vehicles, ambulances and fire engines).'.
§ 33 Page 23, line 21, leave out 'may be necessary or convenient' and insert 'are reasonably required'.
34 Clause 38, page 23, line 27, at end insert:
'( ) Subsection (1) does not apply to the construction of a road or private means of access by or on behalf of a government department or Minister of the Crown which the department or Minister is satisfied is reasonably required for discharging any function of the department or Minister.'.
§ 35 After Clause 38, insert the following new clause:—
§ Report on toll roads and toll orders in Scotland
§ '.—(1) In any calendar year in which there occurs an event to which this section applies, the Secretary of State shall in respect of that year lay before Parliament a report informing Parliament of that occurrence or, as the case may be, the number of such occurrences.
§ (2) This section applies to the following events—
- (a) the Secretary of State enters into a contract for the design and construction of a road which is to be subject to a toll order;
- (b) there is opened to public use a new road subject to a toll order for which he is the roads authority;
- (c) a toll order, or an order varying or revoking a toll order, is made or confirmed by him.
§ (3) A report under this section shall contain such information as appears to him to be appropriate with respect to the toll orders (whenever made) which are in force during that year or any part of it.
§ (4) A report under this section shall be laid on or before 31st July in the following calendar year.'.
§ 36 Insert the following new clause:—
§ Environmental assessment of projects involving special roads in Scotland
'.—(1) In section 20A of the Roads (Scotland) Act 1984 (environmental assessment of certain road construction projects), after subsection (2) (cases in which environmental statement must be published) insert—
(2A) Any project for the construction of a special road which falls within Annex II to the Directive shall be treated as having such characteristics that it should be made subject to an environmental assessment in accordance with the Directive.".
§ (2) In section 55A of that Act (environmental assessment of certain road improvement projects), in subsection (2) (cases in which environmental statement must be published) after the word "and" there shall be inserted the words "either the project is in respect of a special road or the project".'.
§ 37 Clause 39, page 23, line 43, leave out subsection (4) and insert:
§ '(4) The concessionaire may issue a notice under section 14 of the 1984 Act (temporary restriction or prohibition of traffic) having the same effect as a notice issued under that section by the traffic authority.
§ The Secretary of State may by regulations make provision excluding in relation to such a notice issued by a concessionaire the provisions of the 1984 Act relating to —
- (a) the procedure in connection with the issue of the notice,
- (b) the maximum duration of the notice, and
- (c) the making of provision in relation to alternative roads,
§ Lord Brabazon of Tara
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 25 to 37 en bloc. These amendments have already been spoken to. I commend them to the House.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 25 to 37 en bloc.—(Lord Brabazon of Tara.)
§ On Question, Motion agreed to.