: (1 4t***' rrt0gM3HT IS THS PROPERTY OF, HIS BRITANNIC MAJBSTY'S GOVJgNM^iHT i Referred to M--: ^ S i i - L O l ' Committee of Home Affairs XCIfOOH TRAFFIC BILL. '\Q l nfn Memorandum f o r the Cabinet hy t h e P a r l i a m e n t a r y S e c r e t a r y t o t h e M i n i s t r y of T r a n s p o r t . 1. As t h e Cabinet i s aware t h e q u e s t i o n of t h e increasing c o n g e s t i o n of London t r a f f i c has assumed an urgent a s p e c t and. the Government i s b e i n g p r e s s e d by a l l p a r t i e s i n t h e House of Commons and by the P r e s s t o f i n d some s o l u t i o n t o t h e problem. 2. The s u b j e c t has r e c e i v e d c o n s i d e r a t i o n from a number of Commissions and Committees during t h e p a s t IS y e a r s . The Royal Commission on London T r a f f i c , Committee on Motor T r a f f i c , on Transport 1 9 0 5 , the Select 1 9 1 3 , and t h e Select. Committee (Metropolitan Area), 1919, in t h e i r reports a l l advocated t h e s e t t i n g up of a London T r a f f i c Authority. F i n a l l y i n 1920 the Departmental Committee on London T r a f f i c under t h e Chairmanship of t h e l a t e Mr. Kennedy-Jones, appointed by the then M i n i s t e r of T r a n s p o r t , recommended, the c r e a t i o n of an e x e c u t i v e a u t h o r i t y as a permanent s t a t u t o r y body under the M i n i s t e r of Transport w i t h power t o deal ""ith a l l m a t t e r s connected with London T r a f f i c . The o b j e c t i o n s to t h i s proposal were t h a t i t would, p l a c e a c o n s i d e r a b l e charge on the Exchequer f o r what may be regarded as a l o c a l service, and. would remove from t h e c o n t r o l of the l o c a l authorities an important s e c t i o n , of t h e work which i s i n c l u d e d i n the term " l o c a l government s e r v i c e s " . For t h e s e r e a s o n s and a l s o i n view of the g e n e r a l f i n a n c i a l s i t u a t i o n , i t was decided, not 'to. proceed, w i t h t h i s scheme at t h e t i m e , and- e f f o r t s were made i n s t e a d t o o b t a i n an unopposed B i l l of a temporary . character. The d i f f i c u l t i e s i n o b t a i n i n g an agreed, measure proved insurmountable i n 1920, and i n 1921 t h e matter was s h e l v e d pending t h e r e p o r t of t h e Royal Commission on London Government p r e s i d e d over by Lord U l l s w a t e r as i t was c l e a r t h a t i f t h e Commission r e p o r t e d i n favour of a Greater London A u t h o r i t y , t h a t body would become the r e q u i r e d T r a f f i c 3, Authority. Lord U l l s w a t e r ' s Commission has now r e p o r t e d and i n view of t h e i r recommendations with! r e g a r d t o t r a n s p o r t , I have d e c i d e d not t o pursue the s u g g e s t i o n of a T r a f f i c Autiw o r i t y w i t h e x e c u t i v e p o w e r s , but bo recommend i n s t e a d t h a t c e r t a i n a d d i t i o n a l powers s h o u l d he c o n f e r r e d upon t h e M i n i s t e r of Transport o v e r a n area c o v e r i n g a r a d i u s of about 25 m i l e s from the m e t r o p o l i s , and t h a t the M i n i s t e r should e x e r c i s e t h o s e powers on the a d v i c e of a London & Home Counties Traffic Advisory Committee composed as f o l l o w s : A Chairman a p p o i n t e d by the M i n i s t e r of T r a n s p o r t , 1 R e p r e s e n t a t i v e of t h e Home O f f i c e 0 1 " " " London County Council,, 1 " " " Corporation o f the C i t y of London,, 1 " " " M e t r o p o l i t a n Borough C o u n c i l s . 1 " " " County C o u n c i l s of Kent Essex, H e r t s , Surrey M i d d l e s e x , Bucks, and Berks 0 Q 1 " " " County Borough C o u n c i l s w i t h i n the t r a f f i c 1 " " " 1 " " " 3 members with (i) (ii) (ill) area, Metropolitan P o l i c e , Labour engaged i n the transport industry in the t r a f f i c a r e a a p p o i n t e d by the M i n i s t e r a f t e r c o n s u l t a t i o n the i n t e r e s t s c o n c e r n e d , i n c l u d i n g the a s s o c i a t e d Underground Railway and Omnibus Undertakings o o t h e r r a i l w a y s i n the t r a f f i c a r e a , u s e r s of horse and m e c h a n i c a l road v e h i c l e s within the t r a f f i c area a 0 The Committee would be unpaid an:! tho S e c r e t a r y and any n e c e s s a r y minor s t a f f would be o f f i c i a l s of t h e M i n i s t r y of Transport. Aa. t h e Committee would o n l y c o n s i d e r r e g u l a t i o n s or other matters r e f e r r e d t o them by t h e M i n i s t e r , t h e t e c h n i c a l and a d m i n i s t r a t i v e work i n c o n n e c t i o n w i t h t h o s e matters would be done by the o r d i n a r y s t a f f of t h e M i n i s t r y . A l l t h i s work l a e i t h e r an e x t e n s i o n of or v e r y c l o s e l y connected w i t h work a l r e a d y being done. 4 . ^S^SjIIL o f ;^he Jftni at e r . The powers -proposed t o be c o n f e r r e d upon the M i n i s t e r are: (1) i t i e s of To o a l l f o r h a l f y e a r l y r e t u r n s from tho Highway Author­ t h e i r proposed programmes f o r t h o forthcoming six months of s t r e e t improvements on c e r t a i n s p e c i f i e d s t r e e t s whioh would be the main through r o u t e s , and t o make Orders s p e c i f y i n g the times a t whioh each of t h e s e works s h a l l be e o m e u o e d i n order to avoid s i m u l t a n e o u s b l o c k i n g of a l t e r n a t i v e r o u t e s . The major part of t h e programmes of t h e Highway A u t h o r i t i e s already some t o t h e M i n i s t r y i n c o n n e c t i o n w i t h t h e classification grant and t h e e n g i n e e r s of t h e Ministry a l r e a d y make s u g g e s t i o n s to avoid t h e s i m u l t a n e o u s b l o c k i n g of a l t e r n a t i v e r o u t e s but t h e y have m (2) power t o e n f o r c e t h e i r suggestions. To extend t o a l l road a u t h o r i t i e s i n tho area t h e power already p o s s e s s e d by t h o s e i n Middlesex of f i x i n g a b u i l d i n g on a r t e r i a l roads - line This power i s u r g e n t l y needed t o p r e v e n t the encroachment of b u i l d i n g s on land whioh w i l l undoubtedly be r e q u i r I ed for Road enlargement i n t h e f u t u r e . The a s s i s t a n c e of t h e Ministry w i l l be n e c e s s a r y i n d e f i n i n g t h i s l i n e but t h i s is already p a r t of t h e ordinary work of planning a r t e r i a l r o a d s . *$ *l 9 O Q) W (5) To make r e g u l a t i o n s w i t h r e g a r d t o ( i ) g e n e r a l c o n t r o l of t r a f f i c , e . g . p r e s c r i b i n g t h e r o u t e s t o he f o l l o w e d by p a r t i c u l a r c l a s s e s of t r a f f i c , t h e speed of d i f f e r e n t c l a s s e s of v e h . L c l e s r u l e s a s t o p r e c e d e n c e , c o n d i t i o n s of l o a d i n g and unloading,, d e l i v e r y of g o o d s , c o l l e c t i o n of r e f u s e , etc. ; ( i i ) v e h i c l e s of s p e c i a l d e s c r i p t i o n s , w a i t i n g , unattended or broken-down v e h i c l e s , cab r a n k s , hackney c a r r i a g e s not h i r e d and not on a cab rank. ( i i i ) obstructions to t r a f f i c , e.g, lighting and guarding of s t r e e t works, e r e c t i o n of works l i k e l y t o h i n d e r the f r e e c i r c u l a t i o n of t r a f f i c , q u e u e s , e t c . Each r e g u l a t i o n would be l a i d b e f o r e Parliament a s soon a s i t i s made, and may be a n n u l l e d by His Majesty i n Council i f an a d d r e s s i s p r e s e n t e d a g a i n s t i t within twenty-one d a y s . Other- d u t i e s , of t h e Advisory, Committee. In a d d i t i o n t o a d v i s i n g t h e M i n i s t e r i n t h e e x e r c i c e of t h e s e new powers, I t w i l l be the duty of t h e Committee t o r e p o r t t o him on any matter r e f e r r e d t o them i n c o n n e c t i o n w i t h a n y of h i s powers i n r e l a t i o n t o t r a f f i c on s t r e e t s i n t h e t r a f f i c a r e a , and, i n t e r a l i a , on P r i v a t e B i l l s a f f e c t i n g t r a f f i c , including railways b i l l s ; schemes f o r new syatemo of t r a n s p o r t snfi t h e Improvement or e x t e n s i o n ol the power t o s u r e s t e x i s t i n g systems, including the a l l o c a t i o n of e x p e n d i t u r e falling on t h e highway a u t h o r i t i e s among a l l the a u t h o r i t i e s the a r e a . in Such a s u g g e s t e d a l l o c a t i o n would have no b i n d i n g f o r c e but would form a b a s i s f o r n e g o t i a t i o n i n t h e c a s e of l a r g e r schemes r e q u i r i n g s p e c i a l legislation. ft a o t3 (J t) I t i s not a n t i c i p a t e d t h a t i n t h e case of minor schemes which c o u l d be done without s p e c i a l s t a t u t o r y powers, c o n t r i b u t i o n s w i l l be r e q u i r e d from t h e whole a r e a . 6* Conditions, on I&oonoes f o r S t a g e Carriages * I t may be that- i n order t o cope w i t h London T r a f f i c with f u l l e f f e c t t h e r e s h o u l d be a power t o l i m i t the number of omnibuses on t h e s t r e e t s . To t a k e such a power a t t h e moment would be t o confirm d e f i n i t e l y t h e monopoly of t h e London General Omnibus Company and would e n t a i l obvious political difficulties. Police After d i s c u s s i o n with the A u t h o r i t i e s i t i s considered that the necessary a l l e v i a t i o n can be o b t a i n e d b y . c o n f e r r i n g on the l i c e n s i n g authorities i n the a r e a , i . e * the M e t r o p o l i t a n P o l i c e , the County Boroughs and other a u t h o r i t i e s h a v i n g l i c e n s i n g powers i n t h a t p a r t of t h e area not covered by the M e t r o p o l i t a n P o l i e e , a power t o " d e f i n e r o u t e s " b o t h a s r e g a r d s t h e i r course and t e r m i n a l p o i n t s . A c o n d i t i o n would t h e n be a t t a c h e d t o l i c e n c e s t h a t omnibuses must run o n l y on these defined routes (or s u c h of them as are s u i t a b l e f o r t h e t y p e of v e h i c l e ) and i f n e c e s s a r y f u r t h e r conditions may be t h e maintenance of a r e g u l a r s e r v i c e and the observance of a t i m e - t a b l e * By t h o s e means i t a n t i c i p a t e d t h a t undue crowding of p a r t i c u l a r l y is profitable c e n t r a l s t r e e t s would i n f a c t be a v o i d e d ; and t h e r e would be f r e e c o m p e t i t i o n on equal terms * It ii proposed t h a t t h e e x i s t i n g licensing a u t h o r i t i e s s h o u l d carry oat t h i s work s u b j e c t t o a p p e a l t o t h e M i n i s t e r who would r e f e r t h e matter t o t h e A d v i s o r y Committee. At p r e s e n t licensing Metropolitan Police, authorities, may r e f u s e t h e M i n i s t e r u n d e r S e c t i o n 14 such r e f u s a l . apart There area a definite Metropolitan Police It authorities in the and t o power t h o u g h n o t the imposed. give t o the of work in licensing d u t y of t h e M i n i s t e r t h e Committee would be c o n f i n e d t o t h e h e a r i n g 7. in a power on t h e any traffic administrative and t h e to conditions, to l i c e n c e s , though p r - u p o s a l would, f a l l present, lies t h e R o a d s Act a g a i n s t impose c o n d i t i o n s w i l l be seen t h a t as at and an a p p e a l on a u t h o r i t i e s a similar connection with t h i s the e n a b l e s c o n d i t i o n s t o be is t o confer power t o than power t o a t t a c h of v e h i c l e s , power of r e f u s a l The new p r o p o s a l refusal. (3) of i s no l e g a l from t h e f i t n e s s practice the licences other of and appeals. Expenses. As p r e v i o u s l y e x p l a i n e d many of t h e duties w i t h t h e new p o w e r s a r e c o m p l e m e n t a r y t o t h o of t h e R o a d s D e p a r t m e n t . for the London s t r e e t s particularly circumstances mechanically-propelled, licensing who a r e n o t between London and t h e a r e so s p e c i a l t h a t I could result by o t h e r areas. Transport solution of t h e in valid suggest additional that staff this a year, of t h e expenditure but it regulations of and t h e the police a road, many authorities differentiation country. ; The conditions establishment similar the expenses of of t h e cn t h e Road F u n d Committee the of I do should exceed in the f i r s t must be r e c o g n i s e d t h a t this treatment r e q u i r e d , by t h e M i n i s t r y p r o b l e m of L o n d o n t r a f f i c and special and h a v i n g demands f o r s h o u l d b e mads a c h a r g e think that £10,000 I rest do n o t t h i n k t h e committee including the justifies authorities, making traffic, either duties interests in London, being t h e C a p i t a l highway a u t h o r i t i e s or t h e in the connection ordinary S p e o i a l powers for are required in not instance satisfactory Must i n v o l v e t e c h n i c a l and a d m i n i s t r a t i v e work r e q u i r i n g c o n s i d e r a b l e s p e c i a l 8. staff. A scheme on t h e s e l i n e s has been d i s c u s s e d w i t h most of the important i n t e r e s t s c o n c e r n e d , and. a c e r t a i n measure of agreement h a s been r e a c h e d . With t h e p e r m i s s i o n of t h e Prime M i n i s t e r I announced i n t h e Hou.se t h a t I - h o p e d t o be able t o make a statement b e f o r e t h e r e c e s s . I should be g l a d t h e r e f o r e of t h e approval of t h e Home A f f a i r s Committee t o t h e i n t r o d u c t i o n of a B i l l on t h e s e l i n e s , and of t h e i r authority t o s t a t e i n t h e House t h a t i t w i l l be introduced i n t h e Autumn session. n 24th J u l y , I 9 S 5 . (Initialled) W.A. DRAFT OE A B I L L TO Make further provision for the control and regula- A D . 1923; tion of traffic in and near London, and for — purposes connected therewith. B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows :—­ 10 15 20 25 1 1.—(1) For the purpose of giving advice and assistance in manner provided by this Act to the Minister of Transport (hereinafter referred to as the Minister)' in connection with the exercise and performance of his powers and duties in relation to traffic within the area described in the First Schedule to this Act (hereinafter ' referred to as the London Traffic Area) there shall be constituted a committee, to be called the London and Home Counties Advisory Committee and hereinafter referred to as the Advisory Committee, consisting of a chairman appointed by the Minister and eleven other members appointed as follows:—One member appointed by a Secretary of State: One member appointed by the London County Council: One member appointed by the Corporation of the City of London: One member appointed by the Minister from amongst nominees selected by the councils of the several metropolitan boroughs: 140-2 A Constitn­ tion of Q jruStte One member appointed by the Minister from amongst nominees selected by the councils of the admini­ strative counties of Middlesex, Kent, Surrey, Essex, Hertfordshire and Buckinghamshire : One member appointed by the Minister from amongst 5 nominees selected by the councils of the several county boroughs within the London Traffic Area: One member representative of the metropolitan police appointed by a Secretary of State: One member representative of the interests of 10 labour engaged in the transport industry within the London Traffic Area appointed by the Minister . after consultation with such bodies representative of those interests as he may think fit: Three members representative of the interests herein­ 15 after mentioned appointed by the Minister after consultation with such bodies representative of those interests as he may think desirable; and of those members one shall be representative of the Associated Underground Railway and Omnibus 20 Undertaking within the London Traffic Area.; one shall be representative of the other railway undertakings wholly or partly within the London Traffic Area; and one shall be representative of the users of mechanically propelled and horse­ 25 drawn road vehicles within the London Traffic Area. i' (2) The first members of the Advisory Committee appointed shall hold office until the first day of May, nineteen hundred and twenty-five, and shall then retire, 30 and subject to the provisions as to the. term of office of persons appointed to fill casual vacancies, persons subsequently appointed shall hold office for three years and shall then go out of office; but a person going out of office may be re-appointed. 35 (3) On a casual vacancy occurring on the Advisory Committee by reason of death, resignation, or otherwise, the vacancy shall be filled by the appointment of a new member in like manner as the member in whose place he is appointed, and he shall hold office until the time 40 when the member in whose place he is appointed would have gone out of office, and shall then go out of office. (4) The Minister may place at the disposal of the A.D. 1923. Advisory Committee the services of such of his officers —: and servants as appear to him to be. required for the purpose of the . proper discharge of the duties of the 5 Committee. (5) The Advisory Committee shall make an annual report of their proceedings to the Minister, which shall be laid before Parliament. (6) The proceedings of the Advisory Committee shall 1 0 not be invalidated by any vacancy in their number or any defect in the appointment of any member. 2. It shall be the duty of the Advisory Committee Duties o f to report to and advise the Minister upon such matters Advisory and questions as may be referred to them under this Committee. 1 5 Act, or as the Minister may from time to time refer to them in connection with the establishment in the London Traffic Area of new transport systems, or the development, improvement, extension or co-ordination of existing systems, or the development, improvement 20 or extension of the existing system of road communica­ tion in the London Traffic Area and in particular in connection with any of the matters mentioned in the Second Schedule to this Act. 3.—(1) In any case where the Advisory Committee think it desirable or expedient so to do, the Committee may, before advising and reporting to the Minister on any matter referred to them in pursuance of this Act, appoint one or more oi their number to hold, or may if they think it advisable, themselves hold such public 3 0 inquiry into the matter as they may think fit, and when one or more members of the Advisory Committee are appointed to hold the inquiry they shall make a report thereon to the Committee. (2) The Minister may delegate to any one or more 3 5 members of the Advisory Committee, or to the Committee themselves, the duty of holding any inquiry respecting any matter affecting traffic within the London Traffic Area which under any other Act the Minister is autho­ rised or required to hold. 40 (3) Before any such inquiry is held the Advisory Committee shall give public notice of the date and place at which the inquiry will be held and of the matters to ' be dealt with at the inquiry, and any person affected 25 140 A 2 p werof Advisory Committee 0 * 0 inquiries. A.D. 1923. Closing of roads for street works. may make representations to the member or,members holding the inquiry, or in the case of an inquiry held by the Advisory Committee themselves to that Committee, and, unless in their discretion such member or members or the Committee consider it unnecessary, shall be heard 5 at the inquiry. :. (4) The Advisory Committee may, subject to the approval of the Minister, make rules for regulating the procedure at any such inquiry. 4 . — ( 1 ) With a view that the times for the execu­ 1 0 tion of works of road maintenance and improvement by various road authorities within the London Traffic Area may be so arranged as to mitigate as far as possible the congestion of traffic due to the closing of roads for the purposes of the execution of such works, it shall be the 1 5 duty of every road authority within that area to submit to the Minister on or before the day of and the . day of in each year a statement in such form and containing such particulars as the Minister 2 0 may require of all such works of road maintenance and improvement proposed to be commenced and carried out by the authority during the periods of six months commencing on the first day of and the first day of next after the said 25 day of and day of respectively, as will involve the closing to (Vehicular traffic of the whole or any part of any of the streets to which this section applies for a longer period than at any one time, or the serious 30 interference with traffic in any such street. ( 2 ) The Minister shall refer all such statements to the Advisory Committee, and it. shall be the duty of that Committee to, consider the proposals contained in such statements in relation to one another and report to 3 5 the Minister thereon; and the Minister, after considering the report, shall draw up a scheme prescribing the times during which the several works are to be com­ menced and the order in which they are to be executed, and if any of the road authorities refuse or fail to agree 4 0 with the scheme, the Minister may, by order, confirm the scheme, either with or without modifications, and thereupon the scheme shall become final and binding on all the road authorities affected and shall not be subject' 45 to appeal to any court. 5 10 15 20 ( 3 ) With a view to securing that, so far as possible, all works involving the breaking up of streets by the Post­ master-General and water, gas, electricity, tramway and other undertakers having statutory powers to break up streets,. shall be carried out at the same time as or in connection with works of repair and maintenance of streets, the Minister shall send to all such undertakers copies of the proposals of the road authorities received by him under this section so far as they relate to streets to which the powers of the undertakers extend, and of the scheme when made by the Minister; and where works of road repair or maintenance involving the closing of the whole or part of the street have been executed in accordance with any such scheme, i t shall not be lawful for any such undertakers within six months of com­ pletion of those works to break up the street or part of the street so closed unless they prove to the satisfaction of the Minister that the works for the execution of which they require to break up the street could not reasonably have been executed whilst the street or part thereof Avas closed, and that i t is essential that they should be executed or commenced within the said six months. A.D. 1923., ( 4 ) Nothing in this section shall prevent any road authority or any such undertakers as aforesaid from carry­ 2 5 ing out works in any streets in cases of emergency. ( 5 ) The streets to which this section applies are such streets or streets of such classes within the London Traffic Area a s may be prescribed by a n order made by the Minister. 30 5 . — ( 1 ) Section sixty-four of the Middlesex County Extension of Council (General Powers) Act, 1 9 2 1 (enabling a building 11 & 12 Geo. line to be prescribed i n certain cases), a s set out and London adapted in the Third Schedule to this Act, shall extend traffic ^ to the whole of the London Traffic Area except the other than administrative counties of London and Middlesex. London and r e a 35 40 (2) The Minister before giving a certificate or consent under the said section, either a s originally enacted or a s extended by this section, shall refer the matter to the Advisory Committee for their report thereon. 6.—(1) Every authority having power to license omnibuses to ply for hire within the London Traffic Area or any part thereof may make regulations prescribing by reference to terminal points and to the course to be Middlesex. Licensing of omnibuses, followed between those points the routes (hereinafter called " prescribed routes") within the area of its licensing jurisdiction upon which regular services of omnibuses may be established. (2) When licensing an omnibus to ply for, hire within the London Traffic Area or any part thereof a licensing authority may, subject to the right of appeal to the Minister given by subsection (3) of section fourteen of the Roads Act, 1920, attach to any such licence a condition that the omnibus shall not ply for hire except upon prescribed routes and may also attach to such licence conditions with respect to the maintenance of a regular service and the observance of a time-table by the proprietor of the omnibus and also, but only on the ground that the omnibus is by reason of its construction or equipment unsuitable for use on such routes, a con­ dition that the omnibus shall not ply for hire upon specified prescribed routes. (3) If the proprietor of any omnibus to whom a licence subject to any conditions is granted fails to comply with those conditions he shall be guilty of an offence and fiable on summary conviction to a fine not exceeding five pounds, and upon the conviction of the proprietor of an omnibus of a second or subsequent offence under this section the licensing authority may if they think fit revoke or suspend any licence granted subject to the condition with which the proprietor has so failed to comply. (4) Nothing in this section shall render the pro­ prietor of an omnibus liable to any penalty for any deviation from a prescribed route if he proves that the ,: deviation was made in consequence of any regulation or directions made or given by a police authority. A.D. 1923.. — 5 10 15 20 25 30 Power to 7.—(1) For the purpose of relieving congestion and make - providing for the regulation of traffic in and near 35 regulations. JLondon, the Minister may make regulations to have effect in the London Traffic Area or any such part thereof and places and streets therein as may be specified in the regulations for any of the purposes or with reference to any of the matters set out in the Fourth 40 Schedule to this Act. (2) Any such regulations may provide for the repeal or suspension of any of the provisions of any local Acts, byelaws, or regulations in force within the London A.D. 1923. Traffic Area which deal with the same subject-matters — as the regulations made by the Minister. (3) Any such regulations may provide for imposing 5 fines recoverable summarily in respect of breaches thereof not exceeding in the case of a first offence twenty pounds, or in the case of a second or subsequent offence fifty pounds, together with, in the case of a continuing offence, a further fine not exceeding five pounds for 10 each day the offence continues after notice of the offence has been given in such manner as may be prescribed by the regulations. (4) Before making any regulations under this sec­ lion, the Minister shall refer the matter to the Advisory 15 Committee for their advice and support. (5) Any regulation made under this section shall be laid before each House of Parliament as soon as may be after it is made, and if an Address is presented to His Majesty within twenty-one days on which that House 20 has sat next after any such regulation has been laid before it praying that the regulation may be annulled, His Majesty in Council shall annul the regulation, and it shall thenceforth be void without prejudice to the validity of anything previously done thereunder. 25 8. The Minister may pay the reasonable travelling expenses of members of the Advisory Committee incurred in connexion with the holding of public inquiries under this Act, and those payments and all other expenses of the Minister under this Act shall be defrayed out of the 30 road fund. Expenses, 9 . Por the purposes of this Act unless the context otherwise requires— The expressions " street " and " road " respectively include any highway and any bridge carrying 35 a highway, and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; The expression " road authority " means in relation to any street or road the county council, borough 40 council or district council for the time being charged with the duty of maintaining or re­ pairing the street or road; Definitions, A.D. 1923. — The expression " omnibus " includes every omnibus, char-a-banc, wagonette, brake, stage-coach, or other carriage (not being a tram car) plying for hire or used to carry passengers at settled fares. Short title 10. This Act may be cited -as the London Traffic 5 and com- Act, 1923, and shall come into operation on the menooment. j[ y f , a 0 SCHEDULES. FIRST A. SCHEDULE. LONDON TBAITIC AREA. The Traffic Area shall include the following areas all as 5 constituted at the date of the passing of this Act :— The Administrative County of London; ; ' The Administrative County of Middlesex; The County Boroughs of Croydon, East H a m and West H a m ; 10 15 20 25 30 So much of the Administrative County of Berks as comprises :-— The Borough of New Windsor; The Parish of Old Windsor in the Rural District of Windsor; So muoh of the Administrative County of Buckingham as comprises :— The Urban Districts of Beaconsfield, E t o n and Slough; The Rural District of E t o n ; The Parishes of Amersham, Chalfont St. Giles, Chalfont St. Peter, Chenies and P e n n ; Coleshill Hamlet and Seer Green Chapelry in the Rural District of Amersham; So muoh of the Administrative County of Essex as comprises :— The Urban Districts of Barking Town, Brentwood, Buckhurst Hill, Chingford, Epping, Grays, Thur­ rock, Ilford, Leyton, Loughton, Romford, Tilbury, Waltham Holy Cross, Walthamstow, Wanstead and Woodford; The Rural Districts of Billericay, Epping, Ongar, Orsett, and Romford; So much of the Administrative County of Hertford as com­ prises :— The Boroughs of St. Alban, Hertford and Watford; 140 B The Urban Districts of Barnet, Bushey, Cheshvmt, Chorleywood, East Barnet Valley, Harpenden, Hoddesdon, Rickmansworth and Ware; The Rural Districts of Baraet, Hatfield, Hertford, St. Alban's, Ware, Watford and Welwyn; and the 5 detached part (lying between the Rural Districts of Ware and Epping) of the Parish of High Wych in the Rural District of Hadliam; So much of the Administrative County of Kent as com­ prises :— 10 The Boroughs of Bromley and Gravesend; The Urban Districts of Beckenham, Bexley, Chislehurst, Crayford, Dartford, Erith, Northfleet, Penge, Seven­ oaks and Sidcup; The Rural Districts of Bromley and Dartford; 15 The Parishes of Brasted (excluding the detached portion), Chevening, Dunton Green, Halstead, Kensing, Otford, Riverhead, Seal, Sevenoaks, Weald, Shoreham, Sundridge and Westerham in the Rural District of Sevenoaks;) , 20 So much of the Administrative County of Surrey as com­ prises :— The Boroughs of Guildford, Kingston-upon-Thames, Reigate, Richmond and Wimbledon; The Urban Districts of Barnes, Beddington and 25 Wallington, Carshalton, Caterham, Chertsey, Couls­ don and Purley, Dorking, East and West Molesey, Egham, Epsom, Esher and the Dittons, Ham, Leatherhead, Merton and Morden, Mitcham, Slir­ biton, Sutton, The Maldons and Coombe, Walton­ 30 upon-Thames, Weybridge and Woldng; The Rural District of Epsom; . The Parishes of Bisley, Byfleet, Pyrford and Thorpe in the Rural District of Chertsey; The Parishes of Dorking Rural, Emngham and 35 Micldeham in the Rural District of Dorking; The Parishes of Addington, Bletchingley, Chelsham, Crowhurst, Farleigh, Godstone (except the detached portion), Limpsfield, Oxted, Tandridge (except so much of the said Parish as lies to the south of an 40 imaginary straight lure drawn from the point where ' the western boundary of the said Parish joins the southern boundary of the Parish of Godstone to the point where the eastern boundary of the said Parish joins the southern boundary of the Parish of Crowhurst), Tatsfield, Titsey, Warlingham and Woldiugham in the Rural District of Godstone; 5 10 The Parishes of Artington, East Clandon, East Horsley, Merrow, Ockham, Pirbright, Send and Ripley, West Clandon, West Horsley, Wisley and Worplesdon; and part of the Parish of Compton in the Rural District of Guildford; . The Parishes of St. Martha (Chilworth) and Shalford in the Rural District of Hambledon; and The Parishes of Betchworth, Buckland, Chaldon, Chipstead, Gatton, Merstham, Nutfield and Walton­ on-the-Hill; and Kingswood Liberty in the Rural District of Reigate. 15 SECOND SCHEDULE. PARTICULAR MATTERS WHICH MAY BE REFERRED TO ADVISORY COMMITTEE. Particular matters which may be referred to Advisory Committee:— 20 (a) The making of reports to Parliament by the Minister upon or in connection with any Private Bill whioh may affect traffic within the London Traffic Area or any part thereof; (6) Schemes for new systems and means of transport or 25 communication or for the development, improvement or extension of existing systems within the London Traffic Area; (c) Schemes for co-operation between the same or different forms of road transport services, and between road 30 transport and other means of transport with a view to the combined operation of all means of transport in the London Traffic Area in the best interests of the public; 35 40 (d) The fixing of building or frontage lines on roads and the provision for the future widening and realignment of roads "within the London Traffic Area; (e) The causes tending to hinder the free circulation of traffic on streets in the London Traffic Area and the measures to be adopted to remove such causes or to minimise their effects; 140 B 2 A.D. 1923. — A.D. 1923. — (0 The desirability of the revision, simplification, codification and extension of existingenactments, orders, regulations and byelaws and of the initiation of new legislation with regard to or affecting traffic on streets in the London Traffic Area; 5 (g) The making of new orders, byelaws' and regulations (including the fixing of speed limits) relating to traffic on streets in the London Traffic A r e a ; (h) The manner in which the cost of any scheme of road development improvement or extension should be 1 0 apportioned amongst the various road authorities in the London Traffic Area; (i) The exercise of any of the powers of the Minister from whatsoever source derived in relation to traffic on streets in t h e London Traffic Area. 15 THIRD SCHEDULE. SECTION 6 4 OF THE MIDDLESEX COXTNTY COUNCIL (GENERAL POWERS) ACT, 1 9 2 1 , ADAPTED. 64.—(1) If any road in any part of the London traffic area other than the administrative county of London or the admin- 2 0 istrative county of Middlesex, shall be certified hy the Minister under the hand of the secretary or an assistant secretary of the Ministry of Transport, to be an arterial road, or a road as regards which such provision should be inade to facilitate the future widening thereof to meet development of traffic, the 2 5 Road Authority may, with the consent of the Minister, prescribe a building line (in this section called the " building line ") in such road or any part thereof. (2) The building line which, in any case, the Road Authority propose to prescribe and define shall be distinctly marked and 3 0 shown on plans to be signed by the surveyor of the road authority and deposited with the clerk of the council of the administrative county and the clerk to the local authority within whose area the whole or any part of such road is situated, or, if the road is situated in a county borough, with the clerk of the 35 council of that borough, and such plans shall be at all reasonable times thereafter open for the inspection of the public without charge, and one month at least before the road authority formally prescribe and define the building line they shall cause notice in writing of the deposit of the said plans to be given to every owner 40 of land affected whose name and address they can ascertain. (3) I t shall not be' lawful to bring forward any building, construction, erection, nor any part thereof, nor any addition thereto, other than boundary walls or fences, nor to make any any permanent excavation in front of the building line. 5 (4) The road authority may a t any time after the building line has been prescribed, on giving three months' notice in writing to the owner of any building or erection whioh, or any part of which, was beyond or in front of the building line at the date when the same was so prescribed require t h a t such building 1 0 or erection shall be pulled down set' back or altered, so t h a t the same shall not project beyond or in front of the building line. (5) The Road Authority may by three months' notice in writing to all or any persons interested in all or any p a r t of any. land lying between the building line and the road require the 1 5 persons to whom such notice is given to sell their respective interests in such land to the road authority and thereupon such persons shall sell and the road authority shall purchase the interests of such persons in the land in respect of which the road authority have given the notice. 20 (6) In the event of any building or erection being pulled clown, set back, or altered in accordance with any requirement of the road authority under this section, or in the event of any building or erection being erected to the building line in any road (other than a street or part thereof in which a t the time the 2 5 building line is prescribed, there is a regular building line already defined by the character and position of the buildings erected therein), the road authority shall make compensation to the owner, lessee and tenant of any such building or erection, or to any of them for any loss or damage sustained by such owner, lessee or 3 0 tenant by, or in consequence of, such building or erection being pulled down, set back or altered, or in consequence of any building or erection not being allowed to be erected in front of the building line, as the same may be. (7) Any person who shall contravene any of the provisions 3 5 of this section shall, for every such offence, be liable to a penalty not exceeding ten pounds and to a daily penalty not exceeding five pounds for each day on which such offence is continued after conviction in respect thereof. (8) The provisions of the Acquisition of Land (Assessment 4 0 . of Compensation) Act, 1919, shall apply to the ascertainment of any compensation or purchase money payable under this section. (9) The provisions of this section shall not extend or apply to any building, construction, erection, or lands belonging to a railway company and held by them for the purposes of the 4 5 railway. A.D. 1923. — A.B. 1923. F O U R T H SCHEDULE. PURPOSES OR MATTERS FOR OR WITH RESPECT TO WHICH REGULATIONS MAY BE MADE BY THE MINISTER. A.—General Control of Traffic. 5 ( 1 ) For prescribing the routes to be followed, by all classes of traffic, or of any particular class or classes of traffic or vehicles, between any specified points, or between any specified times. (2) For prescribing streets which are not to be used for traffic by vehicles of any specified class or classes either generally 1 0 or at specified times. (3) For prescribing the speed of vehicles, or of any class or classes of vehicles, and the relative position in the roadway of traffic of differing speeds or types. (4) For prescribing the places where a vehicle may not 1 5 turn for the purpose of proceeding in the opposite direction, or the places where a vehicle may only so turn under conditions prescribed by the regulations. (5) For prescribing the conditions subject to which articles of unusual weight or dimensions may be carried by road, or 2 0 loaded on to or unloaded from vehicles. (6) For prescribing the conditions subject to which [sanitary vehicles, or] vehicles delivering or collecting goods or merchandise, or vehicles delivering goods or merchandise of any particular class or classes, may stand in streets, or any specified streets. 25 (7) For prescribing the conditions subject to which, and the times at which, vehicles may be used for collecting house and street refuse. (8) For prescribing the rules as to precedence [or otherwise] to be observed as between vehicles proceeding in the same direc­ 3 0 tion, or in opposite directions, or when crossing. ; ;; (9) For prescribing the conditions subject to which, and the times at which, horses, cattle, sheep and other animals may be led or driven on streets. (10) As to the erection, exhibition, and removal of traffic 3 5 notices, and the form, plan, and character of such notices. B.—Vehicles of special descriptions. ; (1) As to waiting vehicles. (2) As to vehicles used for purposes of advertisement. (3) As to broken down vehicles. 40 (4) As to unattended vehicles. A.D. 1923. (5) As to cab ranks and ranks and stopping places of omnibuses, and other public conveyances. (0) cabs and hackney carriages not hired and being in a 5 street elsewhere than on a cab rank. C,—Obstructions to Traffic, (1) As to the lighting and guarding of street works. (2) As to the provision of sufficient headroom in the construction of new bridges over streets and the proper marking 10 and lighting of structures across streets which do not provide sufficient headroom. (3) As to the erection or placing or the removal of any works or objects likely to hinder the free circulation of traffic in any street. 15 (4) As to queues of persons waiting in streets for public vehicles or for admission to places of entertainment. London Traffic Bill. DRAFT OP A B I L L To make further provision for tho con­ trol and regulation of traffic in and near London, and for purposes con­ nected therewith. CXXXY. (2.) 26th July 1923. 140-2 Mempranduiri by t h e Minlster^ Of H e a l t h . i i i I n Paragraph 1 2 ( 1 ) o f my Memorandum C P . 2 6 6 ( 2 3 ) on t h e q u e s t i o n o f an Exchequer Grant f o r N e c e s s i t o u s Areas I s t a t e d my v i e w t h a t "no b l o c k grant from t h e Exchequer should be g i v e n i n r e s p e c t o f t h e e x c e p t i o n a l burdens caused by unemployment a l t h o u g h a s s i s t a n c e t o Boards of Guardians should be c o n t i n u e d en t h e l i n e s h i t h e r t o f o l l o w e d , talcing t h e r i s k t h a t i n c e r t a i n c a s e s i t may n o t be p o s s i b l e t o o b t a i n r e p a y ­ ment of l o a n s t o them". S i n c e t h i s Memorandum was w r i t t e n , at t h e i n s t a n c e of t h e Chairman of Ways and Means and S i r Samuel R o b e r t s , I have s e e n a r e p r e s e n t a t i v e d e p u t a t i o n from S h e f f i e l d who d e v e l o p e d w i t h c o n s i d e r a b l e cogency t h e arguments f o r e x c e p t i o n a l t r e a t m e n t of t h e i r a r e a , on t h e ground t h a t vfoile t h e r a t e burden i n t h e d i s t r i c t was m a i n t a i n e d at i t s p r e s e n t l e v e l i t would b e n e x t t o i m p o s s i b l e f o r the l o c a l t o recover t h e i r f o r e i g n markets. industries I t was, f o r i n s t a n c e , p o i n t e d out t h a t a c c o r d i n g t o an a n a l y s i s made by M e s s r s . V i c k e r s , t h e c o s t per t o n of s t e e l , after allowing for i n c r e a s e d r a t e a b l e v a l u e and reduced p r o d u c t i o n , included £ 1 . 1 4 . 3 . a t t r i b u t a b l e t o r a t e s i n t h e two h a l f - y e a r s ended 3 0 t h September 1922 a g a i n s t 4 s . i n the two h a l f - y e a r s ended 3 1 s t March, 1 9 1 3 . S i m i l a r e v i d e n c e from o t h e r firms had b e e n put, b e f o r e an I n s p e c t o r o f my Department l a s t winter, when he v;as c o n d u c t i n g an I n q u i r y i n t o Poor Law a d m i n i s t r a t i o n at S h e f f i e l d . I n c i d e n t a l l y I may remark here t h a t this I n q u i r y i n d i c a t e d t h a t t h e h i g h e x p e n d i t u r e on r e l i e f was not due t o m a l a d m i n i s t r a t i o n or u n j u s t i f i a b l e l a x i t y on t h e part of the S h e f f i e l d Board of Guardians i n a d m i n i s t e r i n g relief. I quote the S h e f f i e l d , c a s e b e c a u s e i t l a a good i n s t a n c e of the c a s e of t h e n e c e s s i t o u s a r e a s which the Government have t o meet from a l l p a r t s of the House and not l e a s t from ouC own s u p p o r t e r s from t h e i n d u s t r i a l areas. The demand f o r s p e c i a l a s s i s t a n c e has b e e n growing I n i n t e n s i t y and I do not t h i n k i t w i l l be p o s s i b l e f o r the House to adjourn w i t h o u t the Government making some f u r t h e r p o s i t i v e s t a t e m e n t of p o l i c y t o d e a l w i t h t h i s difficult situation. Accordingly, I put forward t h e f o l l o w i n g proposal f o r a s s i s t a n c e "along the l i n e of policy a l r e a d y s u g g e s t e d namely o f l o a n s a d m i n i s t e r e d by t h e Gos^chen Crmraittee:- - i t w i l l be remembered t h a t at p r e s e n t the main t i t l e t o a Gos^chenloan i s t h a t t h e Guardians cannot t h e m s e l v e s r a i s e money e x c e p t on p r o h i b i t i v e terms ­ (a) I n d i v i d u a l c a s e s t o be c o n s i d e r e d on t h e i r m e r i t s and save i n very e x c e p t i o n a l c i r c u m s t a n c e s loan a s s i s t a n c e not t o be g i v e n i n the c a s e o f any Union I n which the r a t e i n the £ f o r a l l purposes i n any p a r t of the Union I s e q u i v a l e n t t o a r a t e f o r a y e a r of not more than 1 7 s . 6 d . and t h e e x p e n d i t u r e on the r e l i e f of t h e poor, i n c l u d i n g l o a n c h a r g e s p r o p e r l y payable on l o a n s a l r e a d y r a i s e d f o r c u r r e n t expenses, Is e q u i v a l e n t t o n o t more than a r a t e of 4s.6d. for a year, (b) I n my case i n which t h e r e i s prime f a c i e ground f o r a s s i s t a n c e under ( a ) the Guardians would be r e q u i r e d t o c o n s i d e r w i t h the m u n i c i p a l a u t h o r i t i e s on whom t h e y precept f o r the poor r a t e , what maximum r a t e can r e a s o n a b l y be l e v i e d , f o r t h e r e l i e f of t h e p o o r , having regard t o t h e t o t a l r a t e burden i n t h e area and other l o c a l (c) circumstances. I f the M i n i s t r y of H e a l t h i s s a t i s f i e d t h a t t h e proposed r a t e i s r e a s o n a b l e , as c l o s e a budget as p o s s i b l e would be r e q u i r e d t o be drawn f o r the ensuing h a l f - y e a r on t h e b a s i s of the p r o c e e d s of the r a t e s u g g e s t e d and t h e e s t i m a t e d e x p e n d i t u r e , after allowing for a l l p o s s i b l e economies. (d) I f t h i s budget shovjs an e s t i m a t e d d e f i c i t t h e M i n i s t r y of H e a l t h would t h e n s a n c t i o n a l o a n f o r 5 , 7 or 10 y e a r s , a s t h e c i r c u m s t a n c e s r e q u i r e d , f o r a round sum approximately e q u i v a l e n t t o t h e e s t i m a t e d d e f i c i t and t h e Goslchaa Oommittee would make advances as r e q u i r e d during t h e h a l f - y e a r . ( I t i s , of c o u r s e , Important t h a t t h e l o a n s h o u l d be f i x e d i n amount b e f o r e the expenditure i s (e) Incurred). .The q u e s t i o n o f terms as t o payment o f I n t e r e s t and repayment of l o a n would be c o n s i d e r e d i n each c a s e , t h e most f a v o u r a b l e normally b e i n g postponement of payment of I n t e r e s t and repayment of i n s t a l m e n t s of p r i n c i p a l f o r t h r e e y e a r s from t h e d a t e of the advance, though i n some very s p e c i a l c a s e s t o t a l r e m i s s i o n may have t o be allowed. The Guardians and l o c a l a u t h o r i t y i n an a r e a where a l o a n i s conceded would be informed t h a t at the. end of t h e p e r i o d of postponement, t h e M i n i s t r y w i l l r e v i e w the t h e n e x i s t i n g s i t u a t i o n I n c o n s u l t a t i o n w i t h them and d e c i d e what i s f a i r and r e a s o n a b l e ; The above p r o p o s a l i s a rough and ready way of r e l i e v i n g t h e immediate r a t e burden i n the h a r d e s t h i t localities, I do not t h i n k t h a t a s t r i c t l y - 5 ­ scientific b a s i s i s at present a t t a i n a b l e . The time f o r t h i s will come when t h e q u e s t i o n a r i s e s hew f a r the l o a n s are t o be r e m i t t e d . By t h a t time I hope t h a t t h e new V a l u a t i o n and Rating p r o p o s a l s w i l l be i n o p e r a t i o n s i n c e without them i t i s i m p o s s i b l e t o judge what t h e r e a l financial burdens of t h e l o c a l i t i e s may b e . The above p r d p o s a l s a r e , i t w i l l be s e e n , an e x t e n s i o n of t h e arrangements which have s u f f i c e d the l a s t two d i f f i c u l t y e a r s . Since the l o c a l simply during authority w i l l have t o bear i n mind t h e c o n t i n g e n c y of repayment, t h e y w i l l have an i n o e n t l v e t o economy, t h e absence o f which i s s o cogent an argument a g a i n s t any system o f f r e e g r a n t s aid of poor law r e l i e f e x p e n d i t u r e , I t i s probable in also t h a t no f r e e grant which c o u l d be contemplated i n p r e s e n t f i n a n c i a l c i r c u m s t a n c e s would a f f o r d as much a s s i s t a n c e as can be g i v e n under t h e s e p r o p o s a l s or go so f a r i n Immediately r e l i e v i n g t h e r a t e burden on i n d u s t r i e s . I e s t i m a t e t h a t t h e t o t a l c o s t of t h e scheme i n t h e c u r r e n t h a l f - y e a r on the b a s i s I have o u t l i n e d should not e x c e e d £1,,000,000 f o r England and Wales, In succeeding h a l f - y e a r s t h i s amount w i l l vary as c o n d i t i o n s g e t b e t t e r or w o r s e , and I c a n n o t , of c o u r s e , judge when the arrangement c a n be brought t o an e n d . I ask f o r Cabinet (1) sanction t o t h e p r i n c i p l e of t h e above scheme (3) t o /my making a g e n e r a l statement on t h e s u b j e c t i n c l u d i n g t h e p r o p o s a l s f o r t h e temporary r e m i s s i o n o f l o a n charges but without s p e c i f y i n g t h e maximum p e r i o d of t h r e e y e a r s which I have i n mind i n t h i s connection. I s h o u l d n o t , of course,, at p r e s e n t r e f e r t o any - 4 ­ 9 /? o p o s s i b i l i t y of complete r e m i s s i o n which may be n e c e s s a r y in certain casesj ( 3 ) to t h e n e c e s s a r y amendment of t h e terms of r e f e r e n c e of t h e Goslpholu. Committee t o be s e t t l e d between t h e C h a n c e l l o r o f the Exchequer and m y s e l f , N.C. Ministry of H e a l t h , Whitehall, j a-: M S.W.1. July 2 4 t h , 1923',