Transport Works (Hansard, 19 July 1995)

§ Mr. Meacher
To ask the Secretary of State for Transport what consideration was given to major transport works during the deliberations of the highway authorities and utilities committee working party before(a) the drafting and implementation of the New Roads and Street Works Act 1991 and (b) before the drafting and implementation of the Street Works (Sharing of Cost of Works) Regulation 1992, SI No. 1690 of 1992. [34923]

§ Mr. Norris
The working party undertook its work in 1987 and 1988. It was concerned with highway works and bridge works, including cases where the works were initiated by a transport undertaking. Highway works carried out by a transport undertaking are "major transport works" in terms of the definition used in the New Roads and Street Works Act 1991.

§ Mr. Meacher
To ask the Secretary of State for Transport if he or his Ministers have met representatives of the national joint utilities group to discuss shared costs of diversionary transport works; and if he will make a statement. [34921]

§ Mr. Norris
Ministers from this Department have met representatives of the utilities, most recently in June 1994, to discuss the utilities' request for a change in the existing cost-sharing arrangements.

§ Mr. Meacher
To ask the Secretary of State for Transport (1) if he will make a statement on the application of section 85(1) of the New Roads and Street Works Act 1991 as it applies to major transport works; [34933]
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(2) if he will make a statement on the application of the Street Works (Sharing of Cost of Works) Regulation 1992, SI No. 1690 of 1992 to major transport works. [34918]

§ Mr. Norris
Section 85(1) of the New Roads and Street Works Act 1991 provides that, where an undertaker's apparatus in a street has to be moved or protected—actions commonly known as "diversionary works"—as a result of major highway works, major bridge works or major transport works, the allowable costs of the diversionary works are to be shared between the undertaker and the promoter in such manner as may be prescribed. The Street Works (Sharing of Costs of Works) Regulations 1992 prescribe that costs are to be shared in the proportion 18 per cent. to the undertaker and 82 per cent. to the promoter in all three cases.

§ Mr. Meacher
To ask the Secretary of State for Transport if the definition of major transport works used by his Department includes public transport developments. [34919]

§ Mr. Norris
The definition to be used for the purposes of parts III and IV of the New Roads and Street Works Act 1991 is set out in sections 91(2) and 150(2) of that Act as follows'major transport works' means substantial works required for the purposes of a transport undertaking and executed in property held or used for the purposes of the undertaking".

§ Mr. Meacher
To ask the Secretary of State for Transport if he will list those representations he received during his Department's consideration of shared costs of diversionary transport works; and if he will make a statement. [34922]

§ Mr. Norris
Some 35 representations were received in response to the consultation letter issued in February 1993. Others have been received subsequently. The representations include a number both from public transport operators and from utilities.

§ Mr. Meacher
To ask the Secretary of State for Transport if he or his Ministers have met representatives of the passenger transport executives group to discuss shared costs of diversionary transport works; and if he will make a statement. [34920]

§ Mr. Norris
No, but I am aware of the passenger transport executives' views on the subject and will invite them to a meeting if this seems likely to help in reaching a decision on it.