HC Deb 23 July 1958 vol 592 cc589-91

Lords Amendment: After Amendment last inserted, insert new Clause "D". (1) In this section— apparatus," in relation to any of the undertakers other than the London Electricity Board, means mains, pipes or other apparatus belonging to or maintained by the undertakers, or, in relation to the London Electricity Board, means any electric lines or works (as respectively defined in the Electric Lighting Act, 1882) belonging to or maintained by the Board; and, in relation to any of the undertakers, includes works constructed for the lodging therein of apparatus; in", in a context referring to apparatus in a street or other land, includes a reference to apparatus under, over, across, along or upon it; the undertakers" means the Metropolitan Water Board, the North Thames Gas Board, the London Hydraulic Power Company and the London Electricity Board, or any of them, as the case may require. (2) Where, in consequence of the construction of any of the following works, that is to say, the Underpass, the Underpass (ventilating tunnel) and any subway constructed under section one of this Act, apparatus situated in or adjacent to land forming the site of that work is required to be so diverted as to pass under the work, then—

  1. (a) the undertakers shall be entitled to recover from the Council any additional expenses reasonably incurred by the undertakers in consequence of the diversion in 590 breaking open or reinstating any street or in inspecting, maintaining, repairing, removing or renewing the apparatus, and
  2. (b) without prejudice to the generality of the preceding paragraph, the North Thames Gas Board shall be entitled to recover from the Council any expenses reasonably incurred by that Board in providing, installing, inspecting and maintaining any siphon the provision of which is necessary in consequence of the diversion.
(3) Where a street in which apparatus is situated has been permanently stopped up or diverted by the Council under the powers conferred by this Act the undertakers shall continue to have the same powers and rights in respect of the apparatus remaining in the land which by reason of the stopping up or diversion has ceased to be a street as they would have had if it had remained a street: Provided that the undertakers shall, if the Council reasonably so require—
  1. (a) remove the apparatus and relay or replace it in the street (if any) substituted for the street so stopped up or diverted or in such other position as the undertakers may reasonably determine; or
  2. (b) provide in the street (if any) so substituted or in such other position as aforesaid other apparatus in place of the existing apparatus.
 (4) The undertakers shall be entitled to recover from the Council any expenses reasonaly incurred by the undertakers in carrying out such works as are referred to in the proviso to the last preceding subsection (whether or not the Council have required those works to be carried out), including expenses so incurred in cutting off any apparatus from any other apparatus and in doing any work rendered necessary in consequence of such cutting-off or in consequence of the carrying out of the said works: Provided that subsections (3) and (4) of section twenty-three of the Public Utilities Street Works Act, 1950 (which impose limitations on undertakers' rights to payment) shall so far as applicable extend and apply to any payment to be made by the Council under this subsection as if the works in respect of which the payment is to be made were such undertakers' works as are referred to in the said subsection (3) and as if in that subsection for the words "specified as so necessary in a specification of the works settled under Part I of the Fourth Schedule to this Act or agreed so to be by the promoting authority" there were substituted the words "agreed or settled by arbitration under section (For protection of certain statutory undertakers.) of the Park Lane Improvement Act, 1958". (5) The temporary stopping up or diversion of a street under the powers conferred by section nine of this Act shall not prejudice or affect the right of the undertakers:—
  1. (a) to maintain, operate, inspect, repair, renew or remove any apparatus which at the time of the stopping up or diversion was in the street, or
  2. (b) for the purpose of such maintenance, operation, inspection, repair, renewal or removal to enter upon or break open the street.
 (6) In exercising their powers under section three of this Act the Council shall cause as little inconvenience in relation to access by the undertakers to apparatus as the circumstances of the case will admit. (7) Any dispute arising under this section shall be settled by arbitration, and if the parties to the dispute are unable to agree on an arbitrator, the arbitrator shall be such person as may be appointed on the application of a party to the dispute (after notice in writing to the other party thereto) by the President of the Institution of Civil Engineers. (8) The Council and any of the undertakers may, by agreement in writing, provide that this section shall have effect in relation to those undertakers as if any provision thereof specified in the agreement were omitted.

Mr. Nugent

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is not dissimilar in its general intention. This Clause gives protection to the four statutory undertakers, the Metropolitan Water Board, the North Thames Gas Board, the London Hydraulic Power Company and the London Electricity Board. These undertakers are particularly anxious to protect themselves against any disturbance to their mains, especially, of course, at Hyde Park Corner where there are bound to be rather big disturbances in the construction of the underpass, and, in order to make certain of the safeguards that they wanted, the undertakers petitioned against the Bill. They withdrew their petition on the understanding that this Clause, which was agreed with them after very considerable discussion, also involving the L.C.C. and the Ministry of Works, was introduced by us as it now appears. It fully covers all their points and will provide a satisfactory solution.

Question put and agreed to.—[Special Entry.]