HL Deb 18 June 1991 vol 530 cc91-2

81 Clause 85, page 49, line 19, leave out subsection (1) and insert:

'(1) In this Part—

  1. (a) 'sewer" and "public sewer" have the same meaning as in the Water Act 1989, and
    2. 92
  2. (b) "sewer authority", in relation to a public sewer, means the sewerage undertaker within the meaning of that Act in whom the sewer is vested.'.

82 Page 49, line 27, at end insert:

'(2A) References in this Part to apparatus include a sewer, drain or tunnel.

(2B) References to the undertaker in relation to such apparatus, or in relation to street works in connection with such apparatus, shall be construed—

  1. (a) in the case of a public sewer, as references to the sewer authority, and
  2. (b) in any other case, as references to the authority, body or person having the management or control of the sewer, drain or tunnel.

(2C) Section 65 (provisions as to works likely to affect other apparatus in the street) does not apply by virtue of subsection (2A) above in relation to works likely to affect a public sewer if, or to the extent that, Schedule 4 (works in streets with special engineering difficulties) applies.'.

83 Page 49, line 28, leave out subsections (3) to (6).

Lord Brabazon of Tara

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 81 to 83 en bloc. I shall speak also to Amendments Nos. 92, 98, 101, 102, 145, 146, 159 and 162.

These are drafting amendments to the provisions dealing with sewers. Amendments Nos. 81 to 83 bring the protection for sewers, drains and tunnels into line with that for "apparatus" under Clause 65, and Amendments Nos. 92, 98, 101 and 102 amend the associated definitions accordingly. Amendments Nos. 145, 146, 159 and 162 do the same for Scotland.

Moved, That the House do agree with the Commons in the their Amendments Nos. 81 to 83. —(Lord Brabazon of Tara.)

On Question, Motion agreed to.