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.