New clause 11 - Inspections

Traffic Management Bill – in a Public Bill Committee at 5:15 pm on 5th February 2004.

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'After section 73E of the 1991 Act (as inserted by section 54 above) there is inserted—

''Inspections

73F Guidance about street authority inspections

(1) The Secretary of State may issue or approve guidance to street authorities about any matter relating to the exercise by them of any power to carry out inspections of street works (including inspections following their completion).

(2) In exercising their powers to carry out such inspections a street authority shall have regard to any guidance issued or approved under this section.

(3) In this section any reference to inspections includes the carrying out of investigatory works.''.'.—[Mr. McNulty.]

Brought up, and read the First time.

Photo of Tony McNulty Tony McNulty Parliamentary Under-Secretary, Department for Transport

I beg to move, That the clause be read a Second time.

The new clause simply puts on a statutory basis what is currently voluntary guidance, as I alluded to when we discussed clause 54 some time ago. This is at the request not only of many of the senior utility bodies, but of local authorities. It was simply an omission or an oversight in the 1991 Act that the guidance was not put on a statutory footing like other guidance that covers the same areas. It is as simple as that and I commend it to the Committee.

Question put and agreed to.

Clause read a Second time, and added to the Bill.