Government Road-Improvement Proposals.
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Peculiar and Unnecessary Provisions for Motor Roads. Text of Parts II and III of the Development Bill.
The Commercial Motor (20th February, 1908).-reasonable tax, such as that (5s per annum per ton of registered axie.weight) sugge4kor to the Royal Commission on the Motorcars Acts by representatives of the Commercial Motor Users' Association, should at once provide enough money to form a very useful nucleus for application in Payment ent of interest upon, and the Provision of the necessary sinking fund for, that annual capital grant from the National Exchequer which we feel confident is inevitable. and without which recent advances towards the Perfection of the means of internal communication in this country will be rendered nugatory, and so much wasted energy."
The New Bill (26th August, 1909).—" The Road Board mar, with the approval of and subject to regulations made by the Treasury, borrow on the security of the road.improvement grant for the Purpose of meeting any expenditure which appears to the Treasury to be of such a nature that it ought to be spread over a term of years. so however that the total amount required for the payment of interest on and the repayment of money so borrowed shall not exceed in any year the sitell of two hundred thousand pounds."
PART II.
" For the purposes of improving the facilities for motor traffic in the United Kingdom and of the administration of the road improvement grant under the Finance Act, 1909, there shall be constituted in accordance with regulations made by the Treasury a board, to be called the Road Board; consisting of such number of persons appointed by the Treasury as the Treasury may determine. The ftoad Board shall be a body corporate with a common seal, with power to hold land without, licence in mortmain.
The Road Board may pay the chairman or vice-chairman of the Board such salary as the Board, with the consent of the Treasury, may determine. The Road Board may appoint such officers and servants for the purposes of their powers and duties under this Part of this Act as the Board may, with the sanction of the Treasury, determine, and there shall be paid to such officers and servants out of the road improvement grant such salaries or remuneration as the Treasury may determine.
Powers of Road Board.
The Road Board shall have power, with the approval of the Treasury— (a) themselves to construct and maintain any new roads ;
(Jr) to make advances to highway authorities towards the construction of new roads or the improvement of existing roads, which appear to the Board to be required for facilitating motor traffic. An advance to a highway authority may be either by way of free grant or by way of loan or partly in one way and partly in the other, and shall be upon such terms and subject to such conditions as the Board think fit.
Provisions as to Roads Constructed by the Board.
For the purpose of the maintenance, repair, improvement, and enlargement of or dealing with any road constructed by the Road Board, the Board shall have the same powers (except the power of levying a rate) and be subject to the same duties as a county council have and are subject to as respects main roads, and may further exercise any powers vested in a county council for the purposes of the maintenance and repair of bridges;
and the enactments relating to highways and bridges shall apply to such roads ac cordingly, and the Road Board shall have the same powers as a county council for the preventing and removing of obstructions :
Provided that—
(a) the Road Board may, subject to the approval of the Treasury, make regulations as to the user of roads con structed by them, and, except to such extent and upon such terms and condi tions as to payment and otherwise as may be prescribed by the regulations, such a road shall not be available for any traffic other than motor traffic; and (b) no person shall be entitled to make any road or path communicating with any such road without the consent of, and except upon such terms and conditions as may be imposed by, the Road Board ; and ((;) the Road Board and the council of any county or county borough may contract for the undertaking by the council of the maintenance and repair of any such road ; and for the purposes. of such undertaking the council of a county or county borough shall have the same powers and be subject to the same dirties and liabilities as if the road were a main road vested in the county council or a road vested in the county borough council. If the line of a road to be constructed by the Road Board crosses any existing highway, the Road Board may carry the highway over the road or the road over the highway by means of a bridge of such height and width and with such ascent or
descent as is prescribed by sections 49 to 52 of the Railway Clauses Consolida
tion Act, 1845, arid those sections shall apply accordingly as if the road were the railway and the Road Board were the railway company, and the bridge with the immediate approaches and all other necessary work connected therewith shall be constructed and executed and at all times therefter maintained at the expense of the Road Board.
Before the Treasury approve of the construction of a new road by the Road Board they shall consult with the Local Government Board and shall satisfy themselves that. notice of the intention to construct the road has been sent by the Road Board to the council of every county and county borough in which any part of the proposed road will be situate, and shall consider any objections to the proposed road which they may receive from any such council. The Motor Car Acts, 1896 and 1903 (except section 9 of the Motor Car Act, 1903, which limits the rate of speed of motorcars), shall apply to motorcars on a road constructed by the Road Board in like manner as they apply to motorcars on a public highway.
Provisions as to Roads Constructed by Highway Authorities..
Where the Road Board make an advance to a highway authority towards the construction of a new road the Board may authorise the authority to construct. the road, and where so authorised the highway authority shall have power to construct the road and to do all such acts as may be necessary for the purpose, and any expenses of the authority, so far as not defrayed out of the advance, shall be defrayed as expenses incurred by the authority in exercise of their powers as. highway authority. Where the highway authority to whom the advance is made are a county council the new road, when constructed, shall be a main road.
Acquisition of Land.
Where the Road Board propose to construct a new road under this Part of this Act the Board may acquire land for the purpose, and the land so acquired may include land on either side of the proposed road within 220 yards from the middle of the proposed road :
Provided that the power of acquiring land on either side of the proposed road shall not apply. AR respects land situate in London or a 'borough or urban district.
The Road Board may acquire, erect, and furnish such offices and other buildings as they may require, and may acquire land for the purpose. Where a highway authority are authorised to construct a new road under this Part of this Act, or an advance is made to such an authority towards the improvement of an existing road, the authority may acquire land for the purpose of such construction or improvement.
For the purpose of the purchase of land by agreement under this Part of this Act by the Road Board or a high way authority the Lands Clauses Acts shall be incorporated with this Part of this Act, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and section 178 of the Public Health Act, 1875, shall apply as if the Road Board and the highway authority were referred to therein.
The Road Board or any highway authority may be authorised to purchase land compulsorily for the purposes of this Part of this Act by means of an order submitted to the Treasury and confirmed by the Treasury in accordance with the Schedule to this Act.
The Road Board shall have full power, with the approval of the Treasury, to sell, lease, and manage any land acquired by them under this Part of this Act and not required for the new road.
Expenses and Receipts.
All expenses of the Road Board under this Part of this Act, to such amount as Mar be sanctioned by the Treasury, shall be defrayed out of the road improvement grant.
Any sums received by the Road Board under this Part of this Act shall, subject to regulations made by the Treasury, be carried to the account to which the road improvement grant is to be carried under the Finance Act, 1909, and shall be treated as part of that grant.
Power to Borrow.
The Road Board may, with the approval of and subject to regulations made by the Treasury, borrow on the security oi the road improvement grant for the purpose of meeting any expenditure which appears to the Treasury to be of such a nature that it ought to be spread over a term of years, so however that the total amount required for the payment of interest on and the repayment of money so borrowed shall not exceed in any year the sum of £200,000.
If and so far as the road improvement grant is insufficient to meet the amount required for the payment of interest on and the repayment of principal in any year, that amount shall be charged on and payable out of the Consolidated Fund or the growing produce thereof, but any sums so paid out of the Consolidated Fund shall be made good out of the road improvement grant,
General.
This Part of this Act shall apply to Scotland, subject to the following modifications :-
The expression "highway authority" means a county or town council acting as, or possessing the powers of, a local authority under the Roads and Bridges {Scotland) Act, 1878, and the expressiolis " road " arid " main road '' mean a highway as defined in the said Act:
The expression " county borough " means a royal, parliamentary, or police burgh, the town council pi which is a highway authority :
The expression " Local Government Hound " means the Secretary for Scotland : The expression " borough or urban district " means a royal, parliamentary, or police burgh ; and a reference to sections 42 to 45 of the Railway Clauses Consolidated (Scotland) Act, 1845, shall be. substituted for a reference to sections 49 to 52 of the Railway Clauses Consolidation Act, 3845.
Tins Part of this Act shall apply to It-el and., subject to the folio w in g modifies tions (1) The expressien " highway authority " means the council Of any county or comity borough ;
(2) The reference to a road vested in a county council or county borough council shall be construed as a reference to a road maintainable at the cost of such council.
The Road Board shall make to the Treasury an annual report of their proceedings, end such report shall be laid annually before. Parliament by the Treasury. For the purposes of this Part of this Act 'motor traffic ' means traffic of motorcars as defined by the Motor Car Act, 1903."
PART M.
In approving, executing, or making advances towards the execution of any work under this Act involving the employment of labour on a considerable scare, regard shall be had, so far as is reasonably practicable, to the general state and prospects of employment.
This Act may be cited as the Development and Road Improvement Funds Act, 1900.