§ (".—(1) An undertaker shall as regards the execution of street works use his best endeavours to co-operate with the street authority and with other undertakers—
- (a) in the interests of safety,
- (b) to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and
- (c) to protect the structure of the street and the integrity of apparatus in it.
§ (2) The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—
- (a) so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and
- (b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.
§ (3) An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.").
§ On Question, amendment agreed to.
§
Lord Armstrong of Ilminster moved Amendment No. 81:
After Clause 53, insert the following new clause: