HC Deb 19 October 1998 vol 317 c898W
Sir Peter Emery

To ask the Secretary of State for the Environment, Transport and the Regions what plans his Department has to amend the New Roads and Street Works Act 1991 to enable highway authorities to recover costs for time expended on dealing with(a) the issue of notice requiring the avoidance of unnecessary delay or obstruction by an undertaker executing street works, (b) the recovery of costs of a joint inspection to agree the apportionment of financial liability regarding permanent reinstatement, (c) the recovery of costs for time spent providing traffic management advice relating to street works and (d) the recovery of income lost during the suspension of on-street parking bays to facilitate street works by the statutory undertaker. [53764]

Ms Glenda Jackson

The Department has no plans for primary legislation to amend the New Roads and Street Works Act 1991. However items(a), (b) and (c) referred to in the question appear capable, in principle, of being met by regulations under section 150 of the Local Government and Housing Act 1989. We are willing to consider a reasoned case for making such regulations if one is put forward.

We have already made regulations under the 1989 Act concerning item (d). Item 6 of Table 2 in the Schedule to the Local Authorities (Transport Charges) Regulations 1998 provides that a local authority may charge for costs involved in suspending the use of a parking place. There is, however, no power for local authorities to recover income lost while a parking place is suspended. A major reason for this is that motorists can generally be expected to pay to park at other parking places in the area, which would increase the occupancy rate at those places.