C4C5C6C7C8C9C10C11C12C13C14C16C18C19C20C22C25C23C26C28C31C33C35C39C37C40C41C42C45C47C70C72C95C103C117C121C125C128C132C130C136C140C142C145C148C153Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C5

Pt. 3 (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C6

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C7

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C8

Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C9

Pt. 3 modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C10

Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C11

Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C12

Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C13

Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C40

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C41

Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C103

Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)

C125

Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C132

Pt. 3 applied (with modifications) (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(9) (with arts. 57, 58, Sch. 11 para. 19)

Notice and co-ordination of works

C1C2C3C14C15C17C16C20C21C25C23C24C26C27C29C28C30C32C31C34C36C38C39C37C43C42C44C46C45C48C47C63C53C60C66C67C59C49C54C52C56C61C51C62C57C65C58C55C50C64C68C69C70C71C72C73C80C79C78C74C76C75C77C82C81C84C87C88C85C86C83C89C92C93C90C91C94C96C95C98C97C99C100C101C103C102C110C106C105C112C111C109C113C104C108C107C114C115C116C117C118C119C120C122C121C123C124C126C125C127C128C132C129C130C131C133C134C135C137C136C138C139C140C141C143C142C144C145C147C146C149C148C150C151C152C153C154C155C156C157C159C160C158C161C162C163C164C165C166C16757C14C16C18C19C20C22C25C23C26C28C31C39C37C42C45C47C70C72C95C103C117C121C125C128C132C130C136C140C142C145C148C153 Notice of emergency works.

1

Nothing in section 54 (advance notice), section 55 (notice of starting date) or section 56 (directions as to timing of works) F2or paragraph 2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or directions as to timings of works) affects the right of an undertaker to execute emergency works.

2

An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is F3(or would, but for paragraph 2(6) of Schedule 3A, be) required by section 55, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun, to the persons to whom notice would be required to be given under that section.

3

The notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.

4

An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.

5

In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—

a

to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

b

to his not knowing the identity or address of—

i

a relevant authority, or

ii

the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.