Mr Christopher Chope (Christchurch, Conservative)

I beg to move amendment No. 48, in

page 19, line 28, leave out 'the execution of works in the street or'.

Mr Christopher Chope (Christchurch, Conservative)

This is a probing amendment, which is intended to ascertain from the Minister why there is an exception that excludes the execution of works in the street. That does not seem very sensible, but I am sure that there must be a proper explanation for it, and I ask the Minister to share it with the Committee.

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.

Mr Christopher Chope (Christchurch, Conservative)

I am grateful to the Minister for that explanation. Will he explain why section 59(1) covers only works carried out by bodies other than the street authority or its contractors? If that is so, my amendment would create more of a level playing field so that the provision would apply to works carried out by those other than contractors or by the street authority.

Mr Tony McNulty (Parliamentary Under-Secretary, Department for Transport; Harrow East, Labour)

As I was saying to my hon. Friend the Member for Bassetlaw (John Mann) earlier, there is a level playing field. It does not appear in every clause but, through the statutory duty or otherwise, it is covered. In this case section 59(1) covers co-ordination of utilities and local authority works. If one looks further on in the clause, it also covers the co-ordination of other street authorities where working on a street for which one authority is responsible affects streets for which other authorities are responsible.

Mr Christopher Chope (Christchurch, Conservative)

In the light of the Minister's helpful explanation, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 41 ordered to stand part of the Bill.