Traffic Management Bill

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Clause 64

Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable period

Amendment made: No. 65, in

    page 37, line 43, at end insert—

    '(8A) 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 affected by the structure, thing deposited or excavation.'.—[Mr. McNulty.]

Clause 64, as amended, ordered to stand part of the Bill.

Clause 65

Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway

Amendment made: No. 66, in

    page 39, line 30, leave out ', (7)'.—[Mr. McNulty.]

Question put, That the clause, as amended, stand part of the Bill:—

The Committee divided: Ayes 7, Noes 3.

Division No. 41]

AYES
Borrow, Mr. David McNulty, Mr. Tony Mann, John Merron, Gillian
Thurso, John White, Brian Wright, David

NOES
Chope, Mr. Christopher Knight, Mr. Greg
Wilshire, Mr. David

Question accordingly agreed to.

Clause 65, as amended, ordered to stand part of the Bill.

Clause 66 ordered to stand part of the Bill.

Clause 67

Guidance to local highway authorities

as to safety precautions

Question proposed, That the clause stand part of the Bill.

Column Number: 247

Mr. Chope: Many people who have been worried about there not being a level paying field will welcome this clause, so far as it goes. However, there does not seem to be any provision requiring the highway authorities to comply with guidance; they only have to ''have regard'' to it. Is not the Minister being soft on the highway authorities?

Mr. McNulty: No. Under law, it means entirely the same. If they are expected to have regard to a particular set of guidance, that is the first port of

Column Number: 248

call. Any subsequent call will determine whether they transgressed. It is as simple as that.

Question proposed, That the clause stand part of the Bill.

Clause 67 ordered to stand part of the Bill.

Further consideration adjourned.—[Gillian Merron.]

Adjourned accordingly at ten minutes to Six o'clock till Thursday 5 February at twenty-five minutes past Nine o'clock.

The following Members attended the Committee:
Beard, Mr. Nigel (Chairman)
Borrow, Mr.
Chope, Mr.
Jamieson, Mr.
Knight, Mr. Greg
McNulty, Mr.
Mann, John
Merron, Gillian
Miller, Mr.
Redwood, Mr.
Thurso, John
White, Brian
Wilshire, Mr.
Wright, David

 
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