HL Deb 18 June 1991 vol 530 cc82-3

55 Clause 57, page 33, line 33, leave out subsection (1) and insert: '( ) The consent of the street authority is required for the placing of apparatus by an undertaker in a protected street, except as mentioned below.

The following are "protected streets" for this purpose—

  1. (a) any highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980, and
  2. (b) any street designated by the street authority as protected.

( ) Consent is not required for the placing of apparatus—

  1. (a) by way of renewal of existing apparatus, or
  2. (b) in pursuance of a street works licence, unless, in the latter case, the licence was granted before the street became a protected street.'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 55. I shall speak also to Amendment No. 119. This drafting amendment to the provision on protected streets was added in another place to remove an unnecessary duplication in the procedure for consent to placing apparatus in a protected street by a street works licensee. Since the street authority will already have given its consent when granting the street works licence, a separate consent under Clause 57 is only required where the licence was granted before the street became a protected street. Amendment No. 119 does the same for Scotland.

Moved, That the House do agree with the Commons in their Amendment No. 55.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.