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New Clause—(Default Powers Of Secretary Of State As To Certain Byelaws)

Volume 467: debated on Tuesday 19 July 1949

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(1) If a local planning authority, when required by the Secretary of State to make, as respects land or a waterway to which the public are given access by an agreement or order, or in consequence of acquisition, under Part V of this Act, byelaws with respect to any of the matters with respect to which they are empowered by subsection (2) of section eighty-one of this Act to make byelaws, do not within three months after being so required comply with the requirement to the satisfaction of the Secretary of State, he may himself make byelaws in relation to the matters, and as respects the land or waterway, in question.

Provided that before making byelaws under this section as respects a National Park or area of outstanding natural beauty the Secretary of State shall consult with the Commission.

(2) Any byelaws made by the Secretary of State under this section shall have effect as if they had been made by the local planning authority and confirmed by the Secretary of State, and the provisions of this Act and of any enactment thereby applied shall have effect in relation to the byelaws accordingly.—[ Mr. Silkin.]

Brought up, and read the First time.

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

This new Clause enables the Secretary of State, who is the person responsible for confirming byelaws under the Bill, to require any authority to make byelaws relating to access land. If the authority does not make the byelaws in accordance with the requirement within three months, he makes them himself. There was some discussion on this matter, particularly with the right hon. Member for North Leeds (Mr. Peake) on Committee, that the Home Secretary should, in default of anything else, at least be certain what local authority can be required to make byelaws relating to the conduct of the public on access land. This new Clause is designed very largely to meet these views.

Question put, and agreed to.

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