Moved by
Lord Stevenson of Balmacara
65: After Schedule 16, insert the following new Schedule—
“DUTY OF CARE AND LIABILITY OF SECRETARY OF STATE
1 The Secretary of State and the nominated undertaker, and their contractors and sub-contractors, are, when dealing with persons whose land is subject to the exercise of powers under sections 4 to 19 or whose land is otherwise affected by the construction of the scheduled works, subject to a general duty of care to those persons.
2 The general duty of care includes requirements to—
(a) act fairly and in good faith at all times;
(b) minimise so far as reasonably practicable the acquisition and temporary occupation of land of third parties;
(c) minimise so far as reasonably practicable the impact on third parties of the carrying out of the scheduled works;
(d) act transparently;
(e) for not less than five years after the completion of the scheduled works, provide an information and assistance service for those affected by the scheduled works;
(f) pay fair compensation promptly;
(g) consult affected persons before and during any process of compulsory acquisition;
(h) provide accommodation works during the construction of the scheduled works where reasonably required.
3 Notwithstanding any agreement to the contrary between the Secretary of State and the nominated undertaker or any contractor or sub-contractor, the Secretary of State is liable to third parties for the actions of the nominated undertaker and his or its contractors and sub-contractors in exercising the powers conferred by this Act and carrying out the scheduled works.
4 It is the duty of the Complaints Commissioner appointed by the Secretary of State under section (Complaints Commissioner) to determine how the Secretary of State and the nominated undertaker must observe the general duty of care created by this Schedule.”