HC Deb 17 October 1950 vol 478 cc1981-3
The Attorney-General

I beg to move, in page 56, line 7, after the first "works," to insert: involving breaking up or opening thereof. I propose that we consider together this Amendment and the subsequent Amendments in lines 12 and 48 and in page 57, line 1. They cover to some extent matters which we have touched on earlier in our discussions in Committee. They are designed to meet points raised on the Second Reading to cover the position where the undertakers execute their works and the highway authorities then take them over for reinstatement. I think that they are self-explanatory.

Mr. Manningham-Buller

I think that all sections of the Committee can welcome this Amendment which makes the provision much more clear and definite, and which, in my opinion, effects a very considerable improvement to this intricate, and, I hope, very useful Measure.

Amendment agreed to.

Further Amendments made: In page 56, line 12, after "the," insert "permanent."

In line 48, leave out "paragraph," and insert "Schedule."

In page 57, line 1, leave out from beginning, to the end of line 18, on page 58, and insert: (2) In the said provisions, in relation to a street or controlled land that has been opened or broken up,— interim restoration" means all such works as are requisite for securing that it does not remain open or broken up for any longer time than is reasonably necessary, and that its state during the period before it is permanently reinstated and made good at surface level is not such as to be likely to cause danger; permanent reinstatement and making good" means any works of reinstatement and making good executed on any occasion otherwise than with a view to their being superseded by further works to be executed shortly thereafter; and "surface level" means what was the surface level before the opening or breaking up. 3. The undertakers shall be under obligation (in accordance with the provisions of subsection (2) of section seven of this Act as to the time for the discharge of that obligation and otherwise) to execute the following reinstatement and making good, and no other, that is to say—

  1. (a) interim restoration at any place during the period between the time when their obligation under the said subsection (2) to begin reinstatement and making good there arises and the time when they are given notice under paragraph 5 of this Schedule that the electing authority or managers are about to begin their permanent reinstatement and making good there; and
  2. (b) such of the permanent reinstatement and making good as is not within the obligation of the electing authority or managers under the next succeeding paragraph.
4.—(1) The electing authority or managers shall be under obligation (in accordance with the provisions of paragraph 5 of this Schedule as to the time for discharge of that obligation) to execute the permanent reinstatement and making good at surface level, and at lower levels so far as may be requisite for securing that the street or controlled land is permanently reinstated and made good at the surface level: Provided that they shall not be under any obligation, and shall not have any power, to execute any of the permanent reinstatement and making good within twelve inches above apparatus of the undertakers, or, if and in so far as the electing authority or managers and the undertakers agree to the substitution of another measure for the said twelve inches for the purposes of this proviso, within that measure above such apparatus. (2) During the period between the time when the electing authority or managers give notice under paragraph 5 of this Schedule that they are about to begin their permanent reinstatement and making good at any place and the time of the completion thereof there, they shall be under obligation to execute interim restoration there. (3) The undertakers shall pay to the electing authority or managers an amount equal to the cost reasonably incurred by them in the discharge of their obligations under the preceding sub-paragraphs. (4) The electing authority or managers shall be entitled, if and so far as may be requisite for the discharge of their obligation under subparagraph (1) of this paragraph as to permanent reinstatement and making good, to undo and do again reinstatement and making good previously executed by the undertakers, and the cost thereof reasonably incurred by the electing authority or managers shall be included in the amount payable to them under the last preceding sub-paragraph. 5.—(1) The electing authority or managers shall begin their permanent reinstatement and making good at any place as soon as is prudent and practicable after the time when the undertakers are to be treated under the next succeed- ing sub-paragraph as having completed their works there and such of the permanent reinstatement and making good there as they are under obligation to execute. (2) When—
  1. (a) the undertakers have completed at any place their works and such of the permanent reinstatement and making good there as they are under obligation to execute; and
  2. (b) if any notice under subsection (4) of section seven of this Act requiring the undertakers to remedy any defect in what they have done there has been given the proceeding consequent on the notice and any works which they are under obligation to execute by virtue thereof have been completed,
the undertakers shall give notice of the completion thereof to each of the authorities concerned who are entitled to give a notice under the said subsection (4), and on the giving by the undertakers of their notice they shall be treated for the purposes of this paragraph as haying completed their works there and such of the permanent reinstatement and making good there as they are under obligation to execute, if either—
  1. (i) no notice under the said subsection (4) (or, if there has already been any such, no further such notice) is given by any such authority within the following time from the giving of the undertakers' notice, that is to say eight days in the case of such an authority being a Minister of the Crown, a county council or a transport authority, or four days in the case of any other such authority; or
  2. (ii) any notice under the said subsection (4) so given (or every such notice if more than one) is withdrawn or is determined by arbitration not to be justified.
 (3) When the electing authority or managers are about to begin their permanent reinstatement and making good at any place they shall give notice to the undertakers that they are about to begin it. 6.—(1) The duty to secure observance of the requirements of paragraphs (a) to (e) of subsection (1) of section eight of this Act (as to safety, obstruction and other matters) shall, as regards the observance thereof during and in connection with the execution of reinstatement and making good at any place, be on the undertakers until the electing authority or managers have given notice under the last preceding paragraph that they are about to begin their permanent reinstatement and making good there, but shall then devolve on the electing authority or managers. (2) The undertakers shall pay to the electing authority or managers an amount equal to the cost reasonably incurred by them of performing duties devolving on them under this paragraph.

In page 58, line 19, leave out "subsection (3) of."—[The Attorney-General.]

Schedule, as amended, agreed to.

Fourth and Fifth Schedules agreed to.