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Commons Amendments

Volume 404: debated on Thursday 31 January 1980

The text on this page has been created from Hansard archive content, it may contain typographical errors.

[ Nos. 1–63]

Page 2, line 33, leave out "1978" and insert 1979"

Page 2, line 36, leave out "1978" and insert "1979"

Page 2, line 40, leave out "subject to section 3(4) of this Act"

Page 2, line 40, leave out line 42 and insert "the expiration of three months after the passing of this Act".

Page 3, line 3, at end insert—

""the Act of 1967" means the Road Traffic Regulation Act 1967;"

Page 3, leave out lines 11 and 12

Page 3, leave out lines 34 and 36.

Page 4, line 19, leave out "Road Traffic Regulation" and after "Act" insert "of"

Page 4, leave out lines 28 to 30

Page 4, line 32, leave out "1st October 1979"

and insert three months after the passing of this Act".

Page 5, line 7, after "newspaper" insert "being a page or part of a page"

Page 5, leave out lines 10 to 13

Page 5, leave out Clause 4

Page 5, lines 30 and 31, leave out "(not exceeding one-eighth)"

Page 5, line 33, at end insert—

"Provided that a local authority shall not under this section set apart an area of any park, pleasure ground or open space exceeding one-half hectare or one-eighth, whichever is the less, of that park, pleasure ground or open space".

Page 6, leave out lines 28 to 32 and insert—

"Provided that in the case of such prohibitions as are mentioned in paragraph (a), (d), (e) or (f) above the district council may exempt a child under such age as may be specified in the notice in respect of any or all of those paragraphs and may similarly exempt any other person who is in charge of such a child while the child is on the land".

Page 7, lines 28 and 29, leave out "for the purpose of placing, maintaining or examining apparatus"

Page 7, line 29, leave out "in pursuance" and insert "where reasonably necessary for the exercise"

Page 7, line 41, leave out "Road Traffic Regulation" and after "Act" insert "of"

Page 7, line 43, leave out "Secretary of State" and insert "Minister of Transport"

Page 7, line 44, leave out "said"

Page 7, line 45, leave out "Secretary of State" and insert "Minister of Transport".

Page 8, line 15, at end insert—

"(d) restrict the entry by horses or cattle on any grass or other margin provided by a highway authority in pursuance of section 70 of the Act of 1959 (provision of margins for horses and livestock)."

Page 8, line 27, leave out "Road Traffic Regulation" and after "Act" insert "of".

Page 9, leave Out lines 23 to 32 and insert—

"(5) Where a competent authority propose—
  • (a) to exercise the powers of section 213 of the Act of 1971 to provide facilities in any such footpath or road as is mentioned in subsection (1)(a) or (d) above; or
  • (b) to consider an application for permission to provide facilities for recreation or refreshment pursuant to subsection (4) above for more than 28 days in a calendar year;
  • they shall give notice of their proposal or, as the case may be, the application, specifying the nature of the facilities and the place where it is proposed that they be provided and the period, not less than six weeks after giving the notice, during which representations regarding their proposal or, as the case may be, the application may be made to them: Provided that notice shall not be required where the application is for renewal of permission previously given."

    Page 9, leave out lines 38 to 41 and insert—

    "(b) by serving the notice on the occupier of any premises appearing to the competent authority to be likely to be affected by the facilities, addressed to him by name or, if his name is not known, by delivering the notice at the premises addressed to him as "The Occupier".

    (7) The competent authority shall not proceed with any proposal to exercise any such powers, or to grant any such permission, as are mentioned in subsection (5) above until they have taken into consideration all representations made in accordance with that subsection.

    (8) The competent authority shall take such steps as they think necessary for affording to any organisation appearing to them to represent the interests of persons trading in shop premises which may be affected by the provision of facilities under this section an opportunity to make representations to the authority about any such proposal as is mentioned in subsection (5) above.

    (9) Nothing in this section shall be taken to relieve any person from liability for damage caused by him to any apparatus belonging to, or maintained or used by, statutory undertakers.

    (10) A competent authority shall not exercise the powers of section 213 of the Act of 1971 as it has effect by virtue of this section in relation to any highway belonging to or repairable by, or any operational land or disused railway belonging to, the railways board except with the consent of the railways board, which consent shall not be unreasonably withheld and any question whether consent is unreasonably withheld shall be determined by arbitration."

    Page 10, line 4, leave out "(6)" and insert "(10)".

    Page 11, line 5, insert "(1)" before "Section"

    Page 11, line 7, at end insert—

    "(a) for the words "a vault arch or cellar under the carriageway of a street" there were substituted the words "under a highway any part of a building on land adjoining the highway or a vault arch or cellar";

    Page 11, line 8, leave out "( a) for" and insert "( b) before"

    Page 11, line 9, leave out "substituted" and insert "inserted"

    and after "building" insert "or"

    Page 11, line 9, leave out lines 10 and 11

    Page 11, line 15, leave out "and"

    Page 11, line 15, leave out line 16 and insert—

    "(e) after subsection (5) there were inserted—
    "(5A) Subsection (1) of this section does not apply to the construction of code-regulated works as defined in section 1(5) of the Public Utilities Street Works Act 1950."and

    ( f) subsection ( b) were omitted.

    (2) Section 153 of the Act of 1959, as that section has effect in accordance with subsection (1) above, is set out in Schedule 1 to this Act.

    (3) Section 154 of the Highways Act 1959 (openings to cellars or vaults under footways) shall have effect in the county as if, in substitution for the definition of "appropriate authority" in that section provided by section

    153(6), there were inserted at the end of section 154—

    "(6A) In this section 'appropriate authority' means, in relation to any street which is a highway, the highway authority for the street, and, in relation to any other street, the local authority in whose area the street is situated."

    Page 11, line 28, at end insert—

    "and that section as so applied shall have effect as if references to the local authority were references to the highway authority."

    Page 12, line 8, at end insert—

    "(2) A district council shall not exercise the powers of this section in relation to any part of a subway, which is situated over or under or within 15 metres (measured in any direction) from any railway of the railways board or any works connected therewith without the consent in writing of the railways hoard:
    Provided that such consent shall not be unreasonably withheld and any question or dispute arising between a district council and the railways board as to whether consent is unreasonably withheld shall be determined by arbitration".

    (2A) A district council shall ensure that there are adequate advertisements in its subways for family planning and venereal disease clinics.

    Page 12, line 9, leave out "(2)"and insert "(3)"

    Page 14, line 41, after "Sandwell" insert "Borough"

    Page 15, leave out the words from the first "the" in line 31 to the end of line 33 and insert—

    "quantity of dust emitted into the open air was not materially greater than would have been emitted if the notice had been complied with"

    Page 16, line 7, leave out "does" and insert "do" leave out lines 19 to 21 and insert—

    "(1) No person shall in a district use or cause or permit to be used any air-powered tool or mobile air compressor in connection with works to which section 60 of the Control of Pollution Act 1974 applies unless an effective device or arrangement for minimising the noise emitted is in operation:"

    Page 16, line 27, at end insert—

    "(3) In proceedings for an offence under this section it shall be a defence to prove that the alleged offence was covered by a notice served under section 60 of the Control of Pollution Act 1974 or a consent given under section 61 or 65 of that Act".

    Page 16, line 28, leave out "(3)" and insert "(4)"

    Page 16, line 38, after "council" insert" or any person aggrieved"

    Page 17, leave out line 4

    Page 17, line 5, leave out "(b)" and leave out "other"

    Page 17, line 7, leave out "(a)"

    Page 17, line 10, leave out "(i)"and insert" (a)

    Page 17, line 11, leave out "(ii) "and insert"(b)"

    Page 17, line 11, leave out lines 15 to 17

    Page 18, lines 34 and 35, leave out "or that refusal is apprehended"

    Page 19, line 17, after "satisfied" insert "or for the period of one month whichever shall be "the less"

    Page 19, line 17, at end insert

    "(1D) Any subsequent application for a warrant relating to premises for which a warrant has previously been issued shall contain a sworn account of the steps taken in the exercise of the previous warrant or warrants and the outcome thereof."

    Page 19, line 20, after "and" insert" except as provided in subsection (2) below"

    Page 19, line 21, at end insert—

    "(2) Premises are not required to be registered under this section by reason only that they are occupied by a hairdresser for the purpose of attending to persons employed at those premises".

    Page 19,line 22, leave out "(2)"and insert" (3)"

    Page 19, line 26, leave out "(3)"and insert"(4)"

    Page 19,line 29, leave out"(4)"and insert"(5)"

    Page 19, line 36, leave out "(5) "and insert"(6)"

    Page 20, line 15, at end insert—

    "(4) Nothing in this section shall extend to the practice of tattooing by or under the supervision of a person who is a registered medical practitioner or to premises on which the practice of tattooing is carried on by or under the supervision of such a person".

    Page 20, line 16, leave out "(4)" and insert "(5)"

    Page 20, line 24, leave out "business" and insert "practice"

    Page 20, line 26, leave out "business" and insert "practice"

    Page 20, lines 40 and 41, leave out "duly qualified" and insert "registered"

    Page 20, line 41, leave out "or"

    My Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 63 en bloc.

    On Question, Motion agreed to.