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1(1)Subject to the following provisions of this Schedule, a [F1gas transporter] may execute the following kinds of works, that is to say—E+W+S
[F2(a)placing pipes, conduits, service pipes, cables, sewers and other works, and pressure governors, ventilators and other apparatus, in or under any street; and
(b)from time to time repairing, altering or removing any such works or apparatus placed in or under any street (whether by him or by any other person).]
(2)Subject as aforesaid, a [F1gas transporter] may execute any works requisite for or incidental to the purposes of any works falling within sub-paragraph (1) above, including for those purposes—
(a)opening or breaking up any [F3street] or any sewers, drains or tunnels within or underany [F3street]; and
(b)removing or using all earth and materials in or under any [F3street].
(3)A [F1gas transporter] shall do as little damage as possible in the exercise of the powers conferred by this paragraph and shall make compensation for any damage done in the exercise of those powers.
[F4(4)The Secretary of State shall by regulations provide that, in such cases and to such extent as may be provided by the regulations, a public gas transporter shall pay, by way of compensation for any loss sustained by any person in consequence of the exercise of those powers, such sum as may be determined in accordance with the regulations.
(5)No regulations may be made under sub-paragraph (4) above which amend, or re-enact with modifications, regulations previously made under that sub-paragraph.]
Textual Amendments
F1Words in Sch. 4 para. 1 substituted (1.10.2001) by 2000 c. 27, s. 108, Sch. 6 Pt. I, para. 2(1); S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)
F2Sch. 4 para. 1(1)(a)(b) substituted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 57(2); S.I. 1996/218, art. 2
F3Words in Sch. 4 para. 1(1)(2) substituted (1.1.1993)by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 119(2) (with s. 25(2)); (E.W.) S.I. 1992/2984, art. 2(2), Sch. 2 and (S.) S.I. 1992/2990, art. 2(2), Sch. 2.
F4Sch. 4 para. 1(4)(5) inserted (1.3.1996) by 1995 c. 45, s. 10(1), Sch. 3 para. 57(3); S.I. 1996/218, art. 2
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