HL Deb 18 June 1991 vol 530 cc80-1

46 Clause 52, page 30, line 30, at end insert: '( ) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 46. I shall speak also to Amendments Nos. 53, 54, 110, 117 and 118.

These amendments deal with the practical guidance to be given to street authorities and undertakers on notices and co-ordination of works. They meet concerns which we debated at earlier stages of the Bill. Amendment No. 46 empowers the Secretary of State to issue or approve a code of practice giving guidance as to the exercise by street authorities of their power under Clause 52 to give directions as to the timing of street works. Amendments Nos. 53 and 54 require the Secretary of State, rather than simply permitting him, to issue or approve a code of practice giving guidance as to the duty of street authorities under Clause 55 to co-ordinate works and the duty of undertakers under Clause 56 to co-operate. In practice, it is the Secretary of State's intention to approve a single code of practice covering all these matters before the new powers and duties take effect. Amendments Nos. 110, 117 and 118 do the same for Scotland.

Moved, That the House do agree with the Commons in their Amendment No. 46.—(Lord Brabazon of Tara.)

Lord Brougham and Vaux

My Lords, I thank my noble friend. I moved Amendment No. 62 to Clause 50 in January. I am most grateful to my noble friend and his colleagues.

On Question, Motion agreed to.

5.15 p.m.