HL Deb 18 June 1991 vol 530 cc88-9

67 Clause 77, page 44, line 33, leave out 'safety, the' and insert 'the safety and'.

68 Page 44, line 36, leave out 'in it' and insert 'of the authority in the street'.

69 Page 45, line 1, leave out subsections (3) and (4) and insert: '(3) If an undertaker fails to give a relevant authority the facilities required by this section—

  1. (a) the street authority may in such cases as may he prescribed, and
  2. (b) any other relevant authority may in any case, execute such works as are needed to enable them to inspect the apparatus in question, including any necessary breaking up or opening of the street.
(4) If an undertaker fails to secure that apparatus is maintained to the reasonable satisfaction of a relevant authority in accordance with this section—
  1. (a) the street authority may in such cases as may be prescribed, and
  2. (b) any other relevant authority may in any case, execute any emergency works needed in consequence of the failure.'.

70 Page 45, line 15, at end insert: '( ) Nothing in subsection (3) or (4) shall be construed as excluding any other means of securing compliance with the duties imposed by subsection (1).'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 67 to 70 en bloc. I shall speak also to Amendments Nos. 131 to 135.

We had some discussion in Committee of the provisions of Clause 77 imposing a general duty on undertakers to maintain their apparatus in streets properly and providing protection for street authorities, bridge, transport and sewer authorities. As a result of further consideration in another place these amendments were made to reduce the possibility of unwarranted interference by authorities with undertakers' apparatus.

Amendments Nos. 67 and 68 remove "integrity of undertakers' apparatus" from the purposes for which a street authority can require to be satisfied as to whether apparatus is being properly maintained. Amendments Nos. 69 and 70 limit the street authority's power to carry out inspections and emergency works in respect of undertakers' apparatus to such cases as are prescribed in regulations. It is the Secretary of State's intention here to consult utilities and local authorities on an appropriate definition of works to manholes, surface boxes or covers and the like.

Amendments Nos. 131, 132, 134 and 135 do the same for Scotland, and Amendment No. 133 is a minor drafting amendment to the Scottish Clause 135.

Moved, That the House do agree with the Commons in their Amendments Nos. 67 to 70.—(Lord Brabazon of Tara.)

Lord Brougham and Vaux

My Lords, noble Lords may recall that in Committee on 6th December I moved amendments to this clause. One could say that this is a belated Christmas present. I am grateful to my noble friend, to his colleagues in another place and to everyone at the Department of Transport for all the work they have done. The utilities are very pleased with all the Government have done to this part of the Bill. It is a much better Bill now than when it left us. Everyone seems to be very pleased with it. I am truly thankful to my noble friend and to all his colleagues in the department.

On Question, Motion agreed to.