Decision Maker:

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Date of Decision: November 10, 2025

Purpose:

Content: Salford City Council - Record of Decision   I Councillor Jack Youd, Deputy City Mayor and Lead Member for Finance, Support Services and Regeneration, in exercise of the powers contained within the City Council Constitution do hereby approve: Approve the proposed programmes of work for the Pothole Action Fund and Reserve Revenue Fund for 2025/26   The Reasons are: To facilitate continuous improvement of the highway infrastructure   Options considered and rejected were: No other options were considered for this report.   Assessment of Risk: Low – The targeted spend of available funding will ensure that the City Council’s statutory obligations are met while at the same time facilitating continuous improvement of the highway infrastructure.   The source of funding is: The 2025-26 Pothole Action Fund expenditure of £1.169M will be funded by a mix of CRSTS grant, amounting to £901K and Revenue funding of £268K. £651K of the CRSTS funding is within the agreed highways capital programme 2025-26, the remaining £250K of CRSTS funding is an estimate of Salford City Council’s share of additional grant to be distributed by GMCA in 2025-26. Additionally, there is £800K Revenue funding available to support the programme of Pothole works over 3 years, with £268K having initially been allocated in 2025-26. There is flexibility to adjust the amount of Revenue funding utilised in the year, depending on the needs of the programme.   Legal Advice obtained: Under Part V of the Highways Act 1980 (“the Act”), the Council acting in its capacity as the highway authority, shall have general and express powers in relation to any highway maintainable at public expense by them, any work for the improvement of the highway other than the work of lighting which is expressly provided for under Section 97 of the Act.   Under s41(1) of the Act the authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty subject to subsections (2) and (4) to maintain the highway. Subsection (2) and (4) do not apply to the proposals contained within this report.   Under s329 of the Act ‘maintenance’ includes repair. In that regard, there are no legal implications as the Council, as highway authority, is acting within its powers. However, failure to maintain the highway may have adverse implications. The proposals in the report for the programmes, once finalised scheme details within each of the specified categories of work have been submitted, will strengthen the Council’s position in defending 3rd party highway/tripping claims. Whilst it is legally accepted that it is not possible to maintain the highway completely free of all defects, section 58 of the Highways Act 1980 provides a possible defence to a claim if it can adequately show that there was a sufficiently robust regime in place to inspect and maintain the highway provided it is adequately carried out and the Council had no prior knowledge of the defect before an alleged incident. The proposed schemes will also improve road safety, pedestrian/public safety, and encourage the further use of safer cycle routes.   It may be the case that for certain works required on the schemes, a Traffic Regulation Order may be necessary, which should not give rise to any legal implications provided the works are carried out in accordance with the appropriate statutory requirements set out in the Road Traffic Regulation Act 1984.   In respect of instructing contractors to carry out the works, when commissioning contracts for the procurement of goods, services or works the City Council must comply with the requirements of public procurement legislation and its own Contractual Standing Orders (CSO’s), Financial Regulations, and duties of Best and Social Value.   Depending on the value of the works to be undertaken under the various schemes as part of the CRSTS funding as set out in the body of the report and detailed in the Appendix, the Council may appoint contractors under relevant lots of the SCC Technical and Highways Works Framework in line with the procedures specified. Other routes to market such as alternative frameworks or a standalone contract procurement process may also be considered, depending on the most appropriate in the circumstances, and CSO’s/procurement legislation should be followed in those circumstances.   Should the value of any such individual project exceed £150,000, a separate report will need to be presented to Procurement Board for approval   Financial Advice obtained: Ian Cowburn, Senior Accountant   Procurement Advice obtained: Heather Stanton, Procurement Category Manager   HR Advice obtained: N/A   Climate Change Advice obtained: N/A   The following documents have been used to assist the decision process: Pothole Action Fund and Reserve Revenue Fund, Spend Proposal,  2025/26   Contact Officer:  Lewis Barnett                              Telephone number: 07584421545     -       This decision is subject to consideration for briefing purposes by the Lead Member for Planning Transport and Sustainable Development. The Lead Member is supportive of the decision. -       This decision is not subject to consideration by another Lead Member. -       The appropriate scrutiny to call-in the decision is the Growth and Prosperity Scrutiny Panel                 Signed: Councillor Jack Youd                                                              Deputy City Mayor and Lead Member Finance, Support Services and Regeneration Dated:  10th November 2025                  This decision was published on Monday 10th November 2025                                             This decision will come in force at 4.00 p.m. on Monday 17th November 2025 unless it is called-in in accordance with the Decision Making Process Rules.