Select Committee on Unopposed Bill Committee Minutes of Evidence

Examination of Witnesses (Questions 100-106)

Wednesday 12 May 2004


100. JOHN AUSTIN: Just to follow Sir John's point, notwithstanding the lack of any provision within this Bill for compensation, if there were some freeholder who was completely unaware of this process who suffered some subsequent loss, there would be no loss of their rights of compensation under other legislation or provision?

101. MR THOMPSON: The Bill is entirely neutral; it does not provide new rights of compensation and it does not take any away where there are - it is silent on the subject. The reference Mr Turner made a moment ago, in response to Sir John, was to point out there is a power which local authorities have, which Mr Turner believes allows compensation to be paid, yes.

102. JOHN AUSTIN: But nothing in this Bill infringes that right?

103. MR THOMPSON: No. That is an empowering power, and we do not affect it.

104. CHAIRMAN: Can I thank you and your colleagues? Perhaps you would not mind withdrawing for a few moments while myself and other Members of the Committee deliberate. We will try not to keep you too long.

The parties were asked to withdraw and, after a short time, were again called in

105. CHAIRMAN: Thank you very much, Mr Thompson, and indeed thank you to your colleagues from Ipswich Council who have joined you here today to answer questions from the Committee. I am pleased to tell you that we propose to accept the amendments to the Bill as it is. I would just add, I suppose, that in looking at Section 3 of the Bill under "Designation of market highways" and 2(b) there, about "consultation with traders and any other interests likely to be affected by the designation" that, perhaps, the points that have been made here about consulting all the freeholders would be something that could be taken into account by yourselves and the authority in any further consultation exercise that you may wish or have to undertake.

106. Would you, perhaps, therefore, confirm the preamble to the Bill?

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