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Sewerage (Scotland) Act 1968

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This is the original version (as it was originally enacted).

41Breaking open of streets, etc.

Subject to the provisions of the [1950 c. 39.] Public Utilities Street Works Act 1950, a local authority or other person may, for the purpose of taking any action or executing work authorised or required by this Act in relation to sewers, drains or sewage treatment works, break open the carriageway and footways of any street and of any bridge carrying a street, and any cellar or vault below any street, and any sewer, drain or tunnel in or under any such carriageway or footway, and may remove and use the soil or other materials in or under any such carriageway or footway :

Provided that they shall, in the exercise of the powers conferred by this section, cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by the sheriff summarily, whose decision in the matter shall be final.

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