Clause 2 — Interpretation

Part of Canterbury City Council Bill – in the House of Commons at 3:00 pm on 31 January 2013.

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Photo of Christopher Chope Christopher Chope Conservative, Christchurch 3:00, 31 January 2013

Absolutely, because this clause—new clause 5, as I am calling it—effectively gives local authorities the discretion to interpret in their own way what they regard as a road safety issue or a potential obstruction of the highway, and what it is necessary to do to ensure road safety or prevent an obstruction of the highway. If local authorities are able to persuade themselves that something is necessary for the purposes of road safety—a wide concept that includes pedestrian safety—and they couple that with the need to prevent obstruction of the highway, that almost drives a coach and horses through the provisions. Local authorities would thereby retain almost absolute discretion to designate areas as they wished, potentially arbitrarily way to the detriment of the pedlar fraternity.