§ Mr. ChopeI beg to move amendment No. 52, in page 38, leave out lines 24 to 34 and insert
'take all reasonably practicable steps—
- (a) to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and
- (b) to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.'.
Mr. Deputy SpeakerWith this it will be convenient to take Government amendments Nos. 62, 64, 65, 91, 101, 103 and 104.
§ Mr. ChopeThe amendment is in response to points raised in Committee. My hon. Friend the Minister undertook to consider further whether the additional defences of taking all reasonable care to comply with some provisions in this part of the Bill were required. The amendments arise from further consideration of those representations and have been discussed with the utilities and the local authorities.
§ Mr. Simon CoombsI raised this point in Committee and am extremely grateful to the Government for taking it on board so reasonably. I use the word "reasonably" advisedly because that was the substance of the points that we raised, and of the amendments. It seems right that an undertaking which has shown that it has acted in a reasonable manner at all times should be able to put that 1007 forward as a defence against any accusation that it has failed to deliver on the agreements that it has made with the street authority. The Government have clearly thought carefully about that and come to the conclusion that that defence should be available. The amendments are the result of that consideration and I thank my hon. Friend the Minister for the way that he has brought them forward.
§ Amendment agreed to.