HC Deb 10 May 1976 vol 911 cc100-1
Mr. Guy Barnett

I beg to move Amendment No. 7, in page 4, line 33, after 'drains', insert or 'sewers '.

Mr. Speaker

With it we shall discuss Government Amendments, Nos. 8 and 9.

Mr. Barnett

The amendments insert the words "or sewers" after the word "drains" where it occurs in subsection (1), and the words "and sewers" after the word "drain" in subsection (2)(a) of Clause 3. The amendments arise out of an undertaking given by the Under-Secretary of State for Wales in Committee accepting the principle of amendments proposed at the time. This amendment takes account of the debate which took place in Committee.

Amendment agreed to.

Amendments made: No. 8, in page 4, line 34, after 'drains', insert 'or sewers';

No. 9, in page 4, line 41, after ' drains ', insert ' and sewers '.—[Mr. Guy Barnett.]

Mr. Guy Barnett

I beg to move Amendment No. 10, in page 5, line 3, at end insert— '(bb) by a body having a duty under an enactment to maintain—

  1. (i)a bridge over which or a tunnel through which the highway passes, or
  2. (ii)works or materials supporting or protecting the highway where it forms part of the approaches to such a bridge or tunnel,
if the mixing or deposit is in connection with the maintenance or alternation of the bridge, tunnel, works or materials;'

Mr. Speaker

With it we shall discuss Government Amendment No. 11.

Mr. Barnett

As subsection (2) stands it is not an offence under subsection (1) for a highway authority or local authority to mix or deposit mortar on highways in connection with the maintenance or alteration of a highway or bridge or tunnel over which or through which the highway passes. There are many cases where a bridge is maintained by the British Railways Board, British Waterways Board or the London Transport Executive, and there are some maintained by private persons. Many tunnels also have been constructed under private Acts of Parliament by such bodies which are neither local authorities nor highway authorities. Where such bodies are responsible for the maintenance of a bridge or tunnel and associated approaches it is right that they should be treated in the same way as the local authority or the highway authority for the purpose of mixing mortar in a highway.

The clause as it stands makes no such provision, and the amendments remedy this.

Amendment agreed to.

Amendment made: No. 11, in page 5, line 10, leave out from ' In ' to ' as ' in line 11 and insert: 'paragraphs (b) and (bb) of the preceding subsection "maintain" and "maintenance" have the same meanings '.—[Mr. Guy Barnett.]

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