HL Deb 22 April 2002 vol 634 cc9-10WA
Lord Berkeley

asked Her Majesty's Government:

Whether a highway authority's responsibilities for safety of the road under Section 3 of the Health and Safety at Work Act 1974 would oblige it to provide and maintain warning signs when a straight road leading over a railway bridge was realigned onto a blind bend and the bridge removed 33 years ago; and [HL3734]

Whether they will list the number, type and result of prosecutions in the last five years for failure to ensure the safety of a road. [HL3736]

Lord Falconer of Thoroton

Section 3 of the Health and Safety at Work Act 1974 places a general duty on employers to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, the health and safety of the public. In general, Section 3 is not enforced where public and worker safety is adequately protected by a more specific and detailed law enforced by another authority, in this instance the Highways Act 1980 and the Road Traffic Regulation Act 1984.

The Road Traffic Regulation Act 1984 gives a traffic authority the power to place traffic signs on or near a road and the Highways Act 1980 puts on highway authorities a duty to maintain the highway (including signs). The Highways Act does not specify the standard of maintenance required but case law suggests that: the extent of this duty will vary according to the type of highway and the kind of traffic that may normally be expected on it. Information about prosecutions for failure to ensure the safety of a road is not kept centrally.

Lord Berkeley

asked Her Majesty's Government:

Whether the Health and Safety Executive intends to prosecute Lincolnshire County Council for a failure to ensure the safety of the road at Nocton. [HL3735]

Lord Falconer of Thoroton

Both the British Transport Police and Lincolnshire police are investigating this incident. Until these investigations are concluded no decision can be taken about whether the Health and Safety Executive will prosecute Lincolnshire County Council.

Lord Berkeley

asked Her Majesty's Government:

In respect of the accident at Nocton in Lincolnshire on 28 February, whether there had ever been a road barrier in place since the under-bridge was removed 33 years ago; if so, who removed the barrier; when; and why it was not replaced. [HL3738]

Lord Falconer of Thoroton

This is a matter for whoever is responsible for maintaining the road.