§ 58 Clause 65, page 37, leave out lines 34 to 44 and insert 'take all reasonably practicable steps—
- (a) to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and
- (b) to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.'.
§ Lord Brabazon of TaraMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 58. I shall speak also to Amendments Nos. 74, 80, 84, 122, 139, 144 and 147.
Your Lordships may recall that during our earlier consideration of the Bill we added a number of provisions to this part providing statutory defences for undertakers who, despite taking reasonable care, failed to comply with certain requirements. Following further debate in another place and consultations with the utilities and the local authorities it has proved possible to meet remaining concerns over certain other offences of strict liability.
Amendments Nos. 58, 74 and 80 rephrase the duties to give facilities for monitoring works and to comply with certain requirements in terms of taking all reasonable practicable steps to do so. Amendment No. 84 provides a defence of having taken all reasonable care for undertakers who fail to comply with requirements imposed by a transport authority as to the displaying of lights. Amendments Nos. 122, 139, 144 and 146 do the same for Scotland.
§ Moved, That the House do agree with the Commons in their Amendment No. 58.—(Lord Brabazon of Tara.).
§ On Question, Motion agreed to.