HL Deb 18 June 1991 vol 530 cc79-80

44 Clause 48, page 28, line 16, at end insert '(or which the person responsible for the works believes on reasonable grounds to be existing or imminent)'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 44. I shall speak also to Amendment No. 108. Your Lordships will recall the discussions we had in Committee about emergency works. I am pleased to say that as a result of consideration in another place and further consultation with the utilities and local authority associations, it has proved possible to agree an amendment which meets the concern about the practical effects of the tightly-drawn definition of "emergency works" in this part of Bill. Amendment No. 44 will allow the person responsible for street works to carry them out as emergency works where they "believe on reasonable grounds" that circumstances likely to cause danger to persons or property either exist or are imminent. Amendment No. 108 does the same for Scotland.

Moved, That the House do agree with the Commons in their Amendment No. 44.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.