House of Commons Hansard Debates for 22 May 1991

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Michie, Bill (Sheffield Heeley)

Morris, Rt Hon A. (W'shawe)

Nellist, Dave

Ruddock, Joan

Sheerman, Barry

Skinner, Dennis

Spearing, Nigel

Wallace, James

Walley, Joan

Wise, Mrs Audrey

Worthington, Tony

Tellers for the Noes :

Mr. Allen McKay and

Mr. Robert Wareing.

Question accordingly agreed to.

Schedule 8

Minor and consequential amendments

Amendments made : No. 66, in page 111, leave out lines 18 to 47 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--

(a) the period for which the skip remains in the highway exceeds such period as may be prescribed, and

(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--

(a) is likely to exceed the prescribed period,

(b) is likely to exceed the period stated in his previous estimate, or

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.".'.

No. 67, in page 112, leave out lines 14 to 49 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

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(a) erecting or retaining a relevant structure within the meaning of section 169(1) above, or

(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--

(a) is likely to exceed the prescribed period,

(b) is likely to exceed the period stated in his previous estimate, or

(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.

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

No. 68, in page 113, line 14, at end insert--

; 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,".'.

No. 69, in page 113, line 45, leave out from containing' to shall' in line 47 and insert --

(a) the first regulations for the purposes of section 140A, (b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or

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materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,'.

No. 15, in page 118, line 19, leave out the' and insert any'. No. 16, in page 123, line 46, leave out paragraph 61 and insert-- 61. In section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), for subsection (2) (authority having power to make order) substitute--

"(2) The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.".'.

No. 110, in page 128, line 26, leave out from beginning to end of line 18 on page 129 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

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

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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.'.

No. 105, in page 130, line 30, 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-- (a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates ; and

(b) the notice shall state that such a statement will be so available.

(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.'.

No. 111, in page 130, line 43, 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,

unless the Secretary of State is satisfied as regards all classes of traffic entitled to use the existing road 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--

(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,

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 Edinburgh Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given.'.

No. 112, in page 130, line 44, leave out 14D" and insert 14E'. No. 113, in page 130, line 47, at end insert--

(3) In paragraph 19 of that Schedule--

(a) in sub-paragraph (a), after "1" insert "or 14A" ;

(b) in sub-paragraph (b), after "above" there shall be inserted the words "or held under paragraph 14B above" ; and

No. 114, in page 130, line 47, 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--

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"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--

(a) the reference in paragraph 2 above to the notice required by paragraph 1 above shall be construed as a reference to the notice required by paragraph 14D(3) of that Schedule, and

(b) in paragraph 4 above for the words made or confirmed' there shall be substituted the word given' and the words from and shall become operative' to the end shall be omitted.".'.

No. 17, in page 131, 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.".'. No. 18, in page 131, line 3, leave out paragraph 97 and insert-- 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".'.

No. 106, in page 133, 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".'.

No. 107, in page 133, line 21 after lines)' insert -- (

(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

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