HC Deb 22 May 1991 vol 191 cc1007-8
Mr. Chope

I beg to move amendment No. 54, in page 45, line 34, leave out 'safety, the' and insert 'the safety and'.

Mr. Deputy Speaker

With this it will be convenient to take amendments Nos. 55 to 57 and 92 to 96.

Mr. Chope

The amendments respond to concern expressed in Committee about possible unwarranted interference by relevant authorities with an undertaker's apparatus and I hope that they meet the points raised.

Ms. Ruddock

I wish to record our appreciation of the fact that the amendment has been tabled. Concerns were expressed, particularly by local authority associations and the utilities. Clearly, the amendments meet those points and we are grateful.

Mr. Rathbone

I thank my hon. Friend the Minister again for taking into consideration the arguments made by the utilities on that subject and on the next group of amendments. Will he reassure the House that the issues raised by the utilities after the Committee stage, during the helpful discussions that his office had with their legal and practical advisers, have been met by these amendments? I think that they have, but I should be grateful for that reassurance.

Mr. Chope

I am happy to give that assurance.

Amendment agreed to.

Amendments made: No. 55, in page 45, line 37, leave out 'in it' and insert 'of the authority in the street'.

No. 56, in page 46, line 1, leave out subsections (3) and (4) and insert— '(3) If an undertaker fails to give a relevant authority the facilities required by this section—

  1. (a) the street authority may in such cases as may be prescribed, and
  2. (b) any other relevant authority may in any case, execute such works as are needed to enable them to inspect the apparatus in question, including any necessary breaking up or opening of the street.

(4) If an undertaker fails to secure that apparatus is maintained to the reasonable satisfaction of a relevant authority in accordance with this section—

  1. (a) the street authority may in such cases as may be prescribed, and
  2. (b) any other relevant authority may in any case, execute any emergency works needed in consequence of the failure.'.

No. 57, in page 46, line 15, at end insert— '() Nothing in subsection (3) or (4) shall be construed as excluding any other means of securing compliance with the duties imposed by subsection (1):—[Mr. Chope.]

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