Clause 34 - Implementation etc of local highway authority permit schemes

Traffic Management Bill – in a Public Bill Committee at 5:15 pm on 29th January 2004.

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Question proposed, That the clause stand part of the Bill.

Photo of Christopher Chope Christopher Chope Shadow Spokesperson (Environment, Food and Rural Affairs)

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?

Photo of Tony McNulty Tony McNulty Parliamentary Under-Secretary, Department for Transport

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.