HC Deb 19 January 1995 vol 252 cc601-2W
Mr. Rowe

To ask the Secretary of State for Transport (1) what is his Department's policy and how it is conveyed in contracts regarding action to be taken in the absence of compliance with contract requirements regarding maintaining a safe, clear and well directed footway system through or around all road works; and how this is different from the requirements of the New Roads and Street Works Act 1991;

(2) what is his policy, and how it is conveyed in contracts, in requiring a safe, clear and well directed footway system to be maintained through or around all road works.

Mr. Norris

These are operational matters for the Highways Agency. I have asked the chief executive to write to my hon. Friend.

Letter from Laurie Haynes to Mr Andrew Rowe, dated 19 January 1995: You have asked two questions of the Secretary of State for Transport about his Department's policy and how it is conveyed in contracts. The first concerns the contractual requirements for a safe clear and well directed footway system to be maintained through or around all road works and the second asks what action would be taken if these are not complied with and how they differ from those the New Roads and Street Works Act 1991. As these are operational matters for the Highways Agency, I have been asked to reply. The Specification for Highways Works sets out the detailed requirements to be included in a contract for the provision of pedestrian facilities during construction. These are contained within Clauses 117: Traffic Safety and Management and Clause 118: Temporary Diversions for Traffic. Additionally detailed provisions for a particular contract are given in numbered appendices 1/17, 1/18 and on the scheme drawings. Under the New Roads and Street Works Act 1991, the Secretary of State has issued the Code of Practice, Safety at Street Works and Roadwork which sets out the requirements regarding the policy for maintaining a safe, clear and well directed footway system through roadworks. This Code clearly sets out the necessary action that a contractor has to take to ensure that the footway is defined. While this Code applies to undertakers' works carried out by or on behalf of the highway authority, the Department recommends that all those concerned with such works follow its advice. There is no significant difference between the requirements laid down by the New Roads and Street Works Act 1991 and those required of the contractor as he is obliged to comply with the contract requirements and all relevant statutes. His activities are monitored by the Engineer, appointed by the Agency. to administer the contract, and his Resident Engineer. They have wide powers to draw the contractor's attention to any failure to comply with requirements and to issue instructions and directions to put matters right. I hope this information is helpful.