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Clause 107

Emergency works

Amendment made : No. 81, in page 62, line 20 after imminent' insert

(or which the person responsible for the works believes on reasonable grounds to be existing or imminent)'.-- [Mr. Freeman.]

Clause 113

Restriction on works following substantial works carried out for road purposes.

Amendments made : No. 82, in page 65, line 17, leave out which consists of or includes a carriageway'.

No. 83, in page 65, leave out lines 20 to 28 and insert

For this purpose substantial works means works for road purposes, or such works together with other works, of such description as may be prescribed.'.

No. 84, in page 66, line 15, leave out

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Column 1017

(which shall not be unreasonably withheld)'.

No. 85, in page 66, line 22 at end insert--

( ) The consent of the road works authority under subsection (5)(b) shall not be unreasonably withheld ; and any question whether the withholding of consent is unreasonable shall be settled by arbitration.'.-- [Mr. Freeman.]

Clause 114

General duty of road works authority to co-ordinate works.

Amendment made : No. 86, in page 66, line 39, leave out may' and insert shall'.-- [Mr. Freeman.]

Clause 115

General duty of undertakers to co-operate

Amendment made : No 87, in page 67, line 23, leave out may' and insert shall'.-- [Mr. Freeman.]

Clause 116

Protected roads

Amendments made : No. 88, in page 67, line 35, leave out subsection (1) and insert--

( ) The consent of the road works authority is required for the placing of apparatus by an undertaker in a protected road, except as mentioned below.

The following are "protected roads" for this purpose--

(a) any road or proposed road which is a special road in accordance with section 7 of the Roads (Scotland) Act 1984, and

(b) any road designated by the road works authority as protected. ( ) Consent is not required for the placing of apparatus (a) by way of renewal of existing apparatus, or

(b) in pursuance of a permission granted under section 105 of this Act (permission to execute road works) or section 61 of the Roads (Scotland) Act 1984 (permission to place and maintain apparatus under a road), except where the permission was granted before the road became a protected road.'.

No. 89, in page 68, line 8, leave out first the' and insert any'.-- [Mr. Freeman.]

Schedule 6

Roads with special engineering difficulties

Amendment made : No. 90, in page 106, line 14, leave out or part of a road'.-- [Mr. Freeman.]

Clause 124

Works likely to affect other apparatus in the road

Amendment made : No. 91, in page 72, leave out lines 9 to 18 and insert

take all reasonably practicable steps--

(a) to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and (b) to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.'.-- [Mr. Freeman.]

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Column 1018

Clause 129

Fee for occupation of a road

Amendment made : No. 109, in page 75, line 20, leave out Clause 129.-- [Mr. Freeman.]

Clause 136

Duty to maintain apparatus

Amendments made : No. 92, in page 79, line 6, leave out safety, the' and insert the safety and'.

No. 93, in page 79, line 9, leave out in it' and insert of the authority in the road'.

No. 94, in page 79, line 18, leave out road, bridge or' and insert

works for roads purposes, major bridge works or major'. No. 95, in page 79, line 20, leave out subsections (3) aned (4) and insert--

(3) If an undertaker fails to give a relevant authority the facilities required by this section--

(a) the road works authority may in such cases as may be prescribed, and

(b) any other relevant authority may in any case,

execute such works as are needed to enable them to inspect the apparatus in question, including any necessary breaking up or opening of the road.

(4) If an undertaker fails to secure that apparatus is maintained to the reasonable satisfaction of a relevant authority in accordance with this section--

(a) the road works authority may in such cases as may be prescribed, and

(b) any other relevant authority may in any case,

execute any emergency works needed in consequence of the failure.'.

No. 96, in page 79, line 34, at end insert--

( ) Nothing in subsection (3) or (4) shall be construed as excluding any other means of securing compliance with the duties imposed by subsection (1).'.-- [Mr. Freeman.]

Clause 137

Liability for damage or loss caused

Amendments made : No. 97, in page 79, line 37, leave out from any' to , and' and insert

damage or loss suffered by the authority in their capacity as such'.

No. 98, in page 79, leave out lines 39 and 40 and insert expense reasonably incurred in making good damage to that apparatus'. No. 99, in page 80, line 11, leave out authority' and insert person'.

No. 100, in page 80, line 14, leave out authority' and insert person'.-- [Mr. Freeman.]

Clause 138

Works for road purposes likely to affect apparatus in the road.

Amendment made : No. 101, in page 80, leave out lines 25 to 34 and insert take all reasonably practicable steps

(a) to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and (b) to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.'.-- [Mr. Freeman.]

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Column 1019

Clause 140

Sharing of cost of necessary measures

Amendment made : No. 102, in page 81, line 31, leave out from undertaker' to make' in line 45 and insert

in such manner as may be prescribed.

(2) The regulations may make provision as to the costs allowable for this purpose.

Provision may, in particular, be made for disallowing costs of the undertaker--

(a) where the apparatus in question was placed in the road after the authority had given the undertaker the prescribed notice of their intention to execute the works, or

(b) in respect of measures taken to remedy matters for which the authority were not to blame,

and for allowing only such costs of either party as are not recoverable from a third party.

(3) Where the authority have a right to recover from a third party their costs in taking measures in relation to undertaker's apparatus but in accordance with section 139 it is determined that the measures should be taken by the undertaker, the right of the authority includes a right to recover the undertaker's costs in taking those measures and they shall account to the undertaker for any sum received.

(4) The regulations shall provide for the allowable costs to be borne by the authority and the undertaker in such proportions as may be prescribed.

Different proportions may be prescribed for different cases or classes of case.

(5) The regulations may require the undertaker to give credit for any financial benefit to him from the betterment or deferment of renewal of the apparatus resulting from the measures taken. (6) The regulations may'.-- [Mr. Freeman.]

Clause 143

Bridges, bridge authorities and related matters

Amendment made : No. 103, in page 83, leave out lines 22 to 33 and insert

take all reasonably practicable steps--

(a) to give the bridge authority reasonable facilities for monitoring the execution of the works, and

(b) to comply with any requirement made by them which is reasonably necessary for the protection of the bridge or for securing access to it.'.- - [Mr. Freeman.]

Clause 147

Special precautions as to displaying of lights

Amendment made : No. 104, in page 85, line 30, at end insert-- ( ) In proceedings for such an offence it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.'.-- [Mr. Freeman.]

Clause 149

Power of road works authority or district council to undertake road works

Amendment proposed : No. 117, in page 86, line 28, at end insert--

( ) This section shall cease to have effect upon such day as the Secretary of State may appoint by order made by

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Column 1020

statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.- - [Mr. Riddick.]

Question put, That the amendment be made :--

The House divided : Ayes 122, Noes 25.

Division No. 153] [8.43 pm

AYES

Amess, David

Arbuthnot, James

Ashby, David

Baker, Nicholas (Dorset N)

Beaumont-Dark, Anthony

Bellingham, Henry

Bennett, Nicholas (Pembroke)

Blackburn, Dr John G.

Blaker, Rt Hon Sir Peter

Boscawen, Hon Robert

Bottomley, Peter

Bowden, A. (Brighton K'pto'n)

Bowden, Gerald (Dulwich)

Bowis, John

Brandon-Bravo, Martin

Brazier, Julian

Brown, Michael (Brigg & Cl't's)

Butterfill, John

Carrington, Matthew

Cash, William

Chapman, Sydney

Chope, Christopher

Colvin, Michael

Coombs, Simon (Swindon)

Cope, Rt Hon John

Cran, James

Currie, Mrs Edwina

Davies, Q. (Stamf'd & Spald'g)

Davis, David (Boothferry)

Dorrell, Stephen

Douglas-Hamilton, Lord James

Dover, Den

Dykes, Hugh

Fallon, Michael

Favell, Tony

Fenner, Dame Peggy

Fishburn, John Dudley

Forsyth, Michael (Stirling)

Forth, Eric

Fox, Sir Marcus

Freeman, Roger

Gale, Roger

Garel-Jones, Tristan

Goodlad, Alastair

Gorst, John

Greenway, Harry (Ealing N)

Greenway, John (Ryedale)

Gregory, Conal

Hague, William

Hamilton, Neil (Tatton)

Hannam, John

Haselhurst, Alan

Hawkins, Christopher

Hayhoe, Rt Hon Sir Barney

Hayward, Robert

Howarth, G. (Cannock & B'wd)

Howe, Rt Hon Sir Geoffrey

Howell, Ralph (North Norfolk)

Hughes, Robert G. (Harrow W)

Hunt, Sir John (Ravensbourne)

Hunter, Andrew

Irvine, Michael

Jack, Michael

Jackson, Robert

Jessel, Toby

Jones, Robert B (Herts W)

King, Roger (B'ham N'thfield)

King, Rt Hon Tom (Bridgwater)

Kirkhope, Timothy

Knapman, Roger

Knight, Greg (Derby North)

Knowles, Michael

Knox, David

Lester, Jim (Broxtowe)

Lord, Michael

MacGregor, Rt Hon John

MacKay, Andrew (E Berkshire)

Maclean, David

Madel, David

Mans, Keith

Marshall, John (Hendon S)

Marshall, Sir Michael (Arundel)

Meyer, Sir Anthony

Miscampbell, Norman

Mitchell, Andrew (Gedling)

Moss, Malcolm

Nicholls, Patrick

Nicholson, David (Taunton)

Onslow, Rt Hon Cranley

Page, Richard

Paice, James

Portillo, Michael

Powell, William (Corby)

Price, Sir David

Redwood, John

Riddick, Graham

Ridsdale, Sir Julian

Rifkind, Rt Hon Malcolm

Roberts, Sir Wyn (Conwy)

Roe, Mrs Marion

Rowe, Andrew

Ryder, Rt Hon Richard

Sackville, Hon Tom

Shaw, David (Dover)

Shaw, Sir Giles (Pudsey)

Shelton, Sir William

Shephard, Mrs G. (Norfolk SW)

Skeet, Sir Trevor

Smith, Tim (Beaconsfield)

Stern, Michael

Stevens, Lewis

Stewart, Allan (Eastwood)

Stewart, Andy (Sherwood)

Taylor, Ian (Esher)

Taylor, John M (Solihull)

Thompson, Patrick (Norwich N)

Trippier, David

Twinn, Dr Ian

Viggers, Peter

Wells, Bowen

Widdecombe, Ann

Winterton, Nicholas

Tellers for the Ayes :

Mr. Tim Boswell and

Mr. Timothy Wood.

NOES

Carlile, Alex (Mont'g)

Cox, Tom

Cryer, Bob

Dixon, Don

Duffy, A. E. P.

Fearn, Ronald

Godman, Dr Norman A.

Haynes, Frank

Hughes, John (Coventry NE)

Lewis, Terry

Lloyd, Tony (Stretford)

McAvoy, Thomas

McMaster, Gordon

Meale, Alan

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