Stoppage of Highways (Ayrshire) Order, 1959

Oral Answers to Questions — Scotland – in the House of Commons at 12:00 am on 28th July 1959.

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Photo of Mr Jon Rankin Mr Jon Rankin , Glasgow Govan 12:00 am, 28th July 1959

asked the Secretary of State for Scotland when he proposes to implement the procedure laid down in Section 8 of the Private Legislation Procedure (Scotland) Act, 1936, in respect of the Stopping of Highways (Ayrshire) Order, 1959.

Photo of Hon. John Maclay Hon. John Maclay , Renfrewshire West

The procedure on this Order is not governed by Section 8 of the Act of 1936, but by Section 10 of the Statutory Orders (Special Procedure) Act, 1945. As my hon. Friend the Parliamentary Secretary to the Ministry of Transport and Civil Aviation indicated in the House on 17th July, I am deferring action on the Order until I have considered further in consultation with the Minister, the problem of control of road traffic where the runway crosses the trunk road.

Photo of Mr Jon Rankin Mr Jon Rankin , Glasgow Govan

Is it not the case that, in connection with the findings of the Parliamentary Commission, the procedure to be followed by the Secretary of State is clearly laid down in Section 8 of the 1936 Act? Also, is the right hon. Gentleman proposing, in association with the Minister of Transport and Civil Aviation, to connive at ignoring and abrogating this Scottish law in order to give the Minister of Transport what his own Parliamentary Commission refused to give him?

Photo of Hon. John Maclay Hon. John Maclay , Renfrewshire West

In answer to the first part of the hon. Gentleman's supplementary question, I am advised that the operative Act is the 1945 Act and that the 1936 Act comes in only if a confirmation Bill is to be presented.

Photo of Mr Jon Rankin Mr Jon Rankin , Glasgow Govan

Is it not the case that Section 8 of the 1936 Act defines the procedure to be followed where an Order has been opposed?

Photo of Hon. John Maclay Hon. John Maclay , Renfrewshire West

I think that I had better write to the hon. Gentleman about the very technical statutory position. It is a little difficult to deal with it in Question and Answer.