C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C18C17C19C20C21C22C23C27C26C28C29C30C31C32C33C34C35C38C41C42C43C44C46C45C47C50C51C53Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C2

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)

C3

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).

C4

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).

C5

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

C6

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)

C7

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)

C8

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

C9

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

C10

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)

C28

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

C29

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

C38

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)

C43

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

C46

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)

Duties and liabilities of undertakers with respect to apparatus

C24C25C36C38C37C39C40C48C49C50C52C5380C38C50C53 Duty to inform undertakers of location of apparatus.

1

A person executing works of any description in the street who finds apparatus belonging to an undertaker which is not marked, or is wrongly marked, on the records made available by the undertaker, shall take such steps as are reasonably practicable to inform the undertaker to whom the apparatus belongs of its location and (so far as appears from external inspection) its nature and whether it is in use.

2

Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall—

a

if he is an undertaker, note on the records kept by him under section 79(1) (in such manner as may be prescribed) the location of the apparatus he has found and its general description; and

b

in any other case, inform the street authority of the location and general description of the apparatus he has found.

3

Subsections (1) and (2) have effect subject to such exceptions as may be prescribed.

4

A person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.