Previous Section Back to Table of Contents Lords Hansard Home Page

Lord Whitty: My Lords, the noble Earl and other speakers in this debate have touched on a range of issues. I am aware that road humps cause a certain amount of controversy, in whatever context they are debated. In response to my noble friend Lord Clinton-Davis, who I am sure always drives at a modest speed whether or not there are road humps, I point out that existing road humps must comply with regulations. Traffic-calming measures come in a whole range of different sizes, shapes and situations based on advice from the Highways Agency and our other technical staff. Some of them are larger or higher than others; some cover part of the road or the whole road, but there are specifications for those standards, and existing road humps should comply with the regulations.

Inevitably, there is a certain amount of experimentation in the field of traffic calming and traffic management. Therefore, on occasion, non-standard road humps and other engineering changes

21 Oct 1999 : Column 1321

are proposed. In those circumstances, the Secretary of State must approve them, and that is provided for in Amendments Nos. 484A and 484B.

The intention behind all of these amendments, which effectively fulfil our commitment in the White Paper to push this range of decisions away from the Secretary of State and towards the boroughs, will be widely welcomed in London. We have followed this through in the earlier amendments to the clause. At various points we have included the mayor in the structure of consultation. There will have to be consultation under different powers in this Bill, in the Town and Country Planning Act and in the Highways Act about the provisions that deal with humps.

As to the fire and civil defence authority, I understand that there are anxieties in that area. However, I believe that my commitment that the present requirement for consultation with the emergency services will continue to apply will reassure the fire and civil defence authority.

Baroness Hamwee: My Lords, before the Minister leaves that point, perhaps he will confirm precisely what will be the consultation arrangements with the emergency authorities. This is an important point which deserves specific attention.

Lord Whitty: My Lords, the point I make is that there is nothing in this group of amendments which changes the present consultation. I can in writing cross-refer the noble Baroness to other regulations, but the point I seek to make both to the House and to those on the current and future authority is that there will be no less consultation than before. I am aware that the emergency services have anxieties about some traffic-calming measures. It is important that they are built into consultation on those issues.

The noble Earl, Lord Attlee, concentrated mainly on Amendment No. 497A which deals with a rather lengthy schedule containing a number of provisions. The main provisions are that a borough, including one that acts on behalf of another, will itself be able to make unopposed stopping-up orders and decisions that are opposed will be made by the mayor. The mayor will also be able to dispense with a public inquiry if the mayor so sees fit. At present, the cost, another issue raised by the noble Earl, of making stopping-up orders falls on the Secretary of State. In devolving that role to London boroughs we intend to use the order-making powers to enable them to charge the applicant. They are Secretary of State order-making powers but they will allow the London borough to make the charge. Before we finally make such an order there will be wide consultation.

The noble Earl asked a number of questions relating to the cross referencing of these provisions with the Town and Country Planning Act 1990. There are also cross-references to the Local Government and Housing Act 1989 which are, therefore, not apparent and explicit on the face of the amendment. He also asked whether the references to London boroughs included the Common Council of the City of London. I am reasonably confident that the definition of the

21 Oct 1999 : Column 1322

London authorities in this context includes the City of London. However, I am not absolutely confident. Because of the complexity of the cross-references to other legislation which is not immediately to hand to noble Lords, and because of my uncertainty in relation to the City, with the leave of the House I shall not proceed with that amendment and will try to clarify the situation for noble Lords opposite between now and Third Reading. I beg to move the first amendment, but I shall not move Amendment No. 497A at the appropriate time.

On Question, amendment agreed to.

5 p.m.

Lord Whitty moved Amendment No. 484B:

After Clause 231, insert the following new clause--


(“ .--(1) The Highways Act 1980 shall be amended as follows.
(2) In section 90G(1) (powers to carry out traffic calming works) at the end of paragraph (b) there shall be inserted “or
(c) fall within section 90GA below,".
(3) In section 90G(2) for “subsection (1)" there shall be inserted “subsection (1)(a) or (b)".
(4) After section 90G there shall be inserted--
“Special procedure for certain traffic calming works in London.
90GA.--(1) Traffic calming works fall within this section if--
(a) the works are constructed by a local highway authority in Greater London, and
(b) the requirements of subsection (2) and (3) have been complied with.
(2) The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating--
(a) the nature, dimensions and location of the proposed works,
(b) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and
(c) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.
(4) The requirement of this subsection is that in deciding--
(a) whether to proceed with the construction of the works, and
(b) what the nature, dimensions and location of the works as constructed are to be,
the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.".
(5) In section 90I for the words from “Works" to “authorisation" there shall be substituted--
“(1) Works (whenever constructed) to which this subsection applies".

21 Oct 1999 : Column 1323

(6) After section 90I there shall be inserted--
“(2) Subsection (1) applies--
(a) to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and
(b) to works which fall within section 90GA.").

On Question, amendment agreed to.

Lord Whitty moved Amendment No. 484C:

After Clause 231, insert the following new clause--


(“ . Schedule (Stopping up: orders by London councils) (which contains amendments to the Highways Act 1980 and the Town and Country Planning Act 1990) shall have effect.").

On Question, amendment agreed to.

[Amendment No. 485 not moved.]

Lord Whitty moved Amendment No. 485ZA:

After Clause 232, insert the following new clause--


(“ . After section 124 of the Road Traffic Regulation Act 1984 there shall be inserted--
“GLA side roads.
124A.--(1) The Secretary of State may by order designate roads or proposed roads as roads which are to be GLA side roads.
(2) Any road or proposed road so designated shall become a GLA side road on such date as may be specified in the order.
(3) A road may only be a GLA side road if it has a junction with--
(a) a GLA road; or
(b) another road which has a junction with a GLA road.
(4) A road or proposed road shall not be a GLA side road if it is a trunk road or other highway for which the Secretary of State is the highway authority.
(5) A road may only be a GLA side road if and to the extent that the appropriate authority considers it appropriate for the road to be a GLA side road in the interests of the management of traffic and the control of the waiting and loading of vehicles on or in the immediate vicinity of GLA roads.
(6) The Secretary of State may by order make provision for or in connection with applying in relation to GLA side roads, with such modifications as he thinks fit, the provisions of sections 14B and 14C of the Highways Act 1980 (orders changing what are GLA roads and certification and records of GLA roads).
(7) The provision that may be made under subsection (6) above is subject to subsections (3) to (5) above.
(8) In this section “the appropriate authority" means--
(a) in relation to an order under subsection (1) above, the Secretary of State;
(b) in relation to an order made by the Greater London Authority under section 14B of the Highways Act 1980, as applied under subsection (6) above, the Mayor of London; and
(c) in relation to confirmation of such an order by the Secretary of State under that section as so applied, the Secretary of State.

21 Oct 1999 : Column 1324

(9) Any reference in any provision of this Act or any other enactment to a GLA side road shall be construed as a reference to a road in Greater London which is for the time being a GLA side road by virtue of--
(a) an order made by the Secretary of State under subsection (1) above; or
(b) an order made by the Greater London Authority under section 14B of the Highways Act 1980, as applied by an order under subsection (6) above.
(10) Any functions conferred or imposed on the Greater London Authority in relation to GLA side roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(11) Subsection (10) above does not apply in relation to any functions expressly conferred on the London Assembly.
(12) Any power of the Secretary of State to make an order under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament."").

On Question, amendment agreed to.

Clause 233 [Power to place traffic signs in connection with GLA roads]:

Next Section Back to Table of Contents Lords Hansard Home Page