HL Deb 24 January 1991 vol 525 c423

(".—(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—

  1. (a) in the interests of safety,
  2. (b) to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and
  3. (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—

  1. (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
  2. (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: