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Clause 44—(Exercise Of Powers Of Making Diversion And Extinguish-Ment Orders)

Volume 467: debated on Tuesday 19 July 1949

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Amendment made: In page 34, line 19, leave out "and."—[ Mr. Silkin.]

I beg to move, in page 34, line 22, at the end, to insert:

"(b) by any local authority as respects a path, or part of a path, in a National Park, except after consultation with the Commission."
This Amendment gives effect to a pledge given to my hon. Friend the Member for West Wolverhampton (Mr. H. D. Hughes) in Committee, and provides for consultation with the Commission before a diversion or extinguishment order is made in respect of a path in a national park.

Amendment agreed to.

I beg to move, in page 35, line 34, at the end, to insert:

"(6) A council proposing to make a diversion order such that the authority who will be the highway authority in respect of any part of the path after the diversion will be a different body from the existing highway authority in respect thereof shall, before making the order, notify the first-mentioned authority."
The Amendment deals with the machinery of diversion orders. It requires that an order-making authority making a diversion should notify the highway authority on whom the new liability for repair will fall.

Amendment agreed to.

Further Amendment made: In page 35, line 35, leave out "the last foregoing subsection," and insert:

"subsection (5) of this section."—[Mr. King.]