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New Clause—(Private Street Works)

Volume 467: debated on Tuesday 19 July 1949

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Where apart from the provisions of section (Liability for repair of public paths) of this Act a public path in existence at the passing of this Act would, for the purposes of any of the following enactments, that is to say—

  • (a) section one hundred and fifty of the Public Health Act, 1875, or
  • (b) the Private Street Works Act, 1892, or
  • (c) the corresponding provisions of any other Act (including a local Act),
  • be a street, or part of a street, not being a highway repairable by the inhabitants at large, nothing in the said section of this Act shall prevent a local authority carrying out, or requiring the carrying out of, work under any of the said enactments or recovering expenses thereof.—[ Mr. Silkin.]

    Brought up, and read the First time.

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

    This Clause is designed to clear up a doubt in the law. It relates to cases where there is a certain amount of development along an existing path and where the owners of property along that path are at present liable for its maintenance. This Clause seeks to ensure that they are not now relieved of their liability.

    Question put, and agreed to.

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