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New Clause—(Ferries For Purposes Of Long-Distance Routes)

Volume 467: debated on Tuesday 19 July 1949

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(1) Where approved proposals for a long-distance route include proposals for the provision and operation of a ferry, the authority who are the highway authority for either or both of the highways to be connected by the ferry—

  • (a) shall have power to provide and operate the ferry and to carry out such work and do all such things as appear to them expedient for the purpose of operating the ferry;
  • (b) may with the approval of the Minister agree with any person or body of persons for the provision and operation of the ferry by him or them and for the making by the highway authority of such contributions as may be specified in the agreement:
  • Provided that nothing in this subsection shall—
  • (i) be construed as conferring on such an authority any exclusive right to operate a ferry;
  • (ii) authorise the doing of anything which apart from this subsection would be actionable by any person by virtue of his having an exclusive right to operate a ferry, unless he consents to the doing thereof;
  • (iii) authorise the doing of anything on land, or as respects water over land, in which any other person has an interest, if apart from this subsection the doing thereof would be actionable at his suit by virtue of that interest and he does not consent to the doing thereof;
  • and before carrying out any work in the exercise of powers conferred by this subsection, being work on the bank or bed of any waterway, the highway authority shall consult with such authorities having functions relating to the waterway as the Minister may either generally or in any particular case direct.

    (2) A highway authority may acquire land compulsorily for the purpose of any of their functions under paragraph ( a) of the last foregoing subsection.

    (3) The Minister, on the application of any such authority as is hereafter specified, may direct, either generally or as respects the provision and operation of a particular ferry, that all or any of the powers conferred on a highway authority by subsection (1) of this section shall be exercisable by the applicant authority and not by the highway authority.

    (4) An application under the last foregoing subsection may be made, in relation to any highway authority by any county or county district council (not being the highway authority) whose area includes or is included in the area of the highway authority.

    (5) The Minister may give directions to an authority to take such steps for exercising any of their functions under subsection (1) of this section (including functions exercisable by virtue of a direction under subsection (3) of this section) as may be specified in the directions; and any such directions shall be enforceable on the application of the Minister, by mandamus.—[ Mr. Silkin.]

    Brought up, and read the First time.

    I beg to move, "That the Clause be read a Second time."

    The subject matter of this new Clause has already been referred to in the course of earlier Amendments. This rather long Clause gives local authorities power to run ferries where necessary in connection with a long-distance route, and it provides all the incidental powers that may arise from the running of the ferries. There is nothing unusual or abnormal about the powers contained in the Clause, and I commend it to the Committee.

    Question put, and agreed to.

    Clause read a Second time, and added to the Bill.

    8.0 p.m.