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Clause 32—(General Provisions With Respect To Construction And Maintenance Of Roads)

Volume 529: debated on Thursday 1 July 1954

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I beg to move, in page 22, line 1, after "as," to insert "either—(i)."

I think it would be helpful if we were able to refer also to the Amendment to page 22, line 3, after "inadvisable," to insert "for reasons of safety," and to the next Amendment, also in line 3, to insert the new paragraph (ii).

This Clause contains general provisions with respect to the construction and maintenance of roads, and, as it now stands, it requires that—
"every such length of road made after the commencement of this Act shall be so made and maintained as to avoid sudden changes of direction, height, width and gradient"
as far as is possible. There are some cases in which this action may be inadvisable, although not impracticable, and those hon. Members who sat in the Committee will recall that we had a great deal of discussion about this matter. My right hon. Friend undertook to look at the point again in order to try to find some way of defining the situation as between what was impracticable and what was inadvisable.

The new series of Amendments, the first of which I am now moving, is in implementation of his suggestion that the phraseology should indicate that it can be done so long as safety is not prejudiced, and that is what I think we have achieved, because these Amendments provide that the requirement need not be complied with if it is inadvisable for reasons of safety or if it is unnecessary so to do. When they are read into the Clause, they make the matter quite clear.

Amendment agreed to.

Further Amendments made: In page 22, line 3, after "inadvisable." insert "for reasons of safety."

In line 3 at end, insert

"or
(ii) it is unnecessary to do so."

In line 5 leave out

"so far as is reasonably practicable."

In line 7 leave out

"so far as is reasonably practicable."—[Mr. Joynson-Hicks.]

I beg to move, in page 22, to leave out lines 23 to 33, and to insert:

"The provisions of Part XV of this Act with respect to references upon notices served by inspectors shall apply to a notice served under this subsection."
This is one of a series of Amendments consequential on the acceptance of the new Clause dealt with yesterday—(Provisions as to references upon notices served by inspectors.)

Amendment agreed to.