Clause 34 - Implementation etc of local highway authority permit schemes
Traffic Management Bill
5:15 pm
Mr Christopher Chope (Christchurch, Conservative)
Is there a power in this clause for the Secretary of State to refuse a scheme? It appears that he can approve, revoke or modify, but that he cannot refuse one—or is it implicit that he can?
Mr Tony McNulty (Parliamentary Under-Secretary, Department for Transport; Harrow East, Labour)
Unless I am told otherwise while I am on my toes or subsequently during the remainder of our deliberations, I would say that that is implicit.
I agree that it appears that schemes can be either modified or revoked, and that if they are revoked that
implies that they must have been approved in the first place. However, subsection (4) allows us to turn down an application to run a scheme:
''The scheme shall not have effect unless the authority by order gives effect to it.''
Therefore, the answer to the question is yes.
Question put and agreed to.
Clause 34 ordered to stand part of the Bill.
Clause 35 ordered to stand part of the Bill.