§ Mr. BarnesI beg to move, in page 40, line 4, to leave out "begun in the highway before," and to insert:
in progress in the highway on."This is a drafting Amendment.
§ Amendment agreed to.
§ Mr. BarnesI beg to move, in page 40, line 18, after "line," to insert "or an overhead electric line."
A request for the inclusion of this provision has been received through the Ministry of Fuel and Power from the British Electricity Authority, in order that their overhead electric lines may benefit from the provisions of the Clause.
§ Amendment agreed to.
§ Mr. HayI beg to move, in page 40, line 18, to leave out from "line," to "or," in line 21.
This is an admirable Clause which provides that there should not be too much breaking up of streets shortly after work has been done and re-surfacing has taken place. My Amendment is designed mainly to secure from the Government an explanation of what appears to me to be some discrimination in the case of service pipes or service lines. It will be seen from the wording of subsection (3), with which I am concerned, that it is not applicable to
breaking up or opening a part of the highway other than the carriageway for the purposes of—now come the words whose meaning I want to ascertain—
- (a) works relating only to a service pipe or service line or an overhead telegraphic line, but"—
in the case of a placing of a service pipe or a service line, only if it is for affording a supply or service to premises to which it was not previously afforded.There might easily be circumstances where a service pipe or service line 1956 became seriously out of order, and where this became apparent after the period of a year had begun to run. It might be necessary, therefore, for work to be done to it, yet that work in itself might not necessarily come within the classification or category of emergency works, as they are referred to in the Bill. I should be grateful if the Minister could explain the reason for this distinction which the subsection contains. If there is no adequate reason for it, possibly he may consider not opposing the Amendment and deleting that part of the subsection.
§ 7.15 p.m.
§ Mr. BarnesI understand that the reason for this limitation is the result of negotiations between the highway authorities and the undertakers. It appears that, without some such limitation, service pipe work and the breaking up of highways could proceed, especially in the new development areas, to an almost unlimited extent. Therefore, as a result of the negotiations between the bodies, it was agreed that only a service pipe or service line works to afford a supply of service to premises not already supplied should be excepted from the prohibition imposed by Clause 28 (1). The suggested Amendment would make the exception far too wide and would destroy the limitation agreed upon in the negotiations.
I will look at this point before the Report stage, but I do not think that the hon. Member would wish to press the matter to a point of issue if there is substantial agreement between the highway authorities and the undertakers upon it. After all, the undertakers would not agree to anything which would limit unduly the providing of their services, nor would the highway authority be likely to press a point of this nature, because they are always anxious for people to be supplied with the kind of services in question.
§ Mr. HayI certainly will not press the matter. I wanted only to make the point and to find out whether the Government had had it in mind. In the circumstances, I beg to ask leave to withdraw the Amendment.
§ Amendment, by leave, withdrawn.
§ Mr. BarnesI beg to move, in page 40, line 21, to leave out "was not previously," and to insert "is not already."
§ This is a drafting Amendment.
§ Amendment agreed to.
§ Clause, as amended, ordered to stand part of the Bill.