Clause 41 - Duty of street authority to
Traffic Management Bill
3:30 pm
Mr Tony McNulty (Parliamentary Under-Secretary, Department for Transport; Harrow East, Labour)
The amendment would change the clause, because of what appears to be a defect, by removing the exemption of the execution of works from the definition of ''relevant activities''. However, I am assured that there is no need to do that. The clause extends the scope of section 59 of the 1991 Act to include ''relevant activities'', which would cover the placement of skips and other such activities that do not qualify as works. In defining the term, it exempts the execution of works in the street as well as use by traffic.
Hon. Members will be glad to know that the only reason that works are exempted here is that they are already covered in section 59(1) of the 1991 Act. I can understand how the provision looked like a flaw or a defect, but the matter is already covered by section 59(1), which refers to
''general duty of street authority to co-ordinate works''.
Although I understand where the hon. Gentleman is coming from—it is certainly how I would have read the clause at first—I ask him to withdraw the amendment.