HL Deb 18 June 1991 vol 530 cc90-1

75 Clause 81, page 47, line 11, leave out from 'undertaker' to 'make' in line 25 and insert 'in such manner as may be prescribed.

(2) The regulations may make provision as to the costs allowable for this purpose.

Provision may, in particular, be made for disallowing costs of the undertaker—

  1. (a) where the apparatus in question was placed in the street after the authority had given the undertaker the prescribed notice of their intention to execute the works, or
  2. (b) in respect of measures taken to remedy matters for which the authority were not to blame,
and for allowing only such costs of either party as are not recoverable from a third party.

(3) Where the authority have a right to recover from a third party their costs in taking measures in relation to undertaker's apparatus but in accordance with section 80 it is determined that the measures should be taken by the undertaker, the right of the authority includes a right to recover the undertaker's costs in taking those measures and they shall account to the undertaker for any sum received.

(4) The regulations shall provide for the allowable costs to be borne by the authority and the undertaker in such proportions as may be prescribed.

Different proportions may be prescribed for different cases or classes of case.

(5) The regulations may require the undertaker to give credit for any financial benefit to him from the betterment or deferment of renewal of the apparatus resulting from the measures taken.

(6) The regulations may'.

76 Clause 82, page 48, line 10, at end insert: '(ee) works carried out in exercise of the powers conferred by section 184 of the Highways Act 1980 (vehicle crossings over footways and verges),'.

77 Page 48, line 13, at end insert: '( ) Works executed under section 184(9) of the Highways Act 1980 by a person other than the highway authority shall also be treated for the purposes of this Part as major highway works; and in relation to such works the references in sections 80 and 81 to the highway authority shall be construed as references to him.'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 75 to 77 en bloc. I shall speak also to Amendments Nos. 189, 219, 140 and 141.

These are technical amendments to the provisions on diversionary works made necessary by major highway, bridge or transport works. Amendment No. 75 allows for the apportionment of costs of diversionary works in cases where the authority promoting the works has a right to recover its costs from a third party. Amendments Nos. 76, 77, 189 and 219 bring the construction of vehicle crossings over footways and verges more clearly within the definition of "major highway works" for the purposes of diversionary works. Amendments Nos. 140 and 141 do the same for Scotland.

Moved, That the House do agree with the Commons in their Amendments Nos. 75 to 77.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.