HL Deb 18 June 1991 vol 530 cc89-90

71 Clause 78, page 45, line 17, leave out from beginning to 'as' in line 19 and insert: '(a) the street authority or any other relevant authority in respect of any damage or loss suffered by the authority in their capacity as such, and (b) any other person having apparatus in the street in respect of any expense reasonably incurred in making good damage to that apparatus,'.

72 Page 45, line 38, leave out 'authority' and insert 'person'.

73 Page 45, line 41, leave out 'authority' and insert 'person'.

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 71 to 73 en bloc. I shall speak also to Amendments Nos. 136 to 138.

Concern was voiced in another place on behalf of the utilities that the liability under Clause 78 for loss or damage caused by undertakers had been drawn unreasonably wide. As a result, Amendment No. 71 was made which limits the extent of undertakers' liability under this clause to other persons having apparatus in the street to the cost of making good damage caused to that apparatus. Amendments Nos. 72 and 73 are minor drafting amendments. Amendments Nos. 136 to 138 do the same for Scotland.

Moved, That the House do agree with the Commons in their Amendments Nos. 71 to 73.—(Lord Brabazon of Tara.)

On Question, Motion agreed to.