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Part IVE+WGeneral

Execution of worksE+W

97 Power to execute work.E+W

A local authority [F1or the regulator] may, by agreement with the owner or occupier of any premises, themselves execute at his expense—

(a)any work that they have under this Act required him to execute, or

(b)any work in connection with the construction, laying, alteration or repair of a sewer or drain that he is entitled to execute,

and for that purpose they have all the rights that he would have.

Textual Amendments

F1Words in s. 97 inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 61; S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

98 Power to require occupier to permit work.E+W

If, on [F2an application or (as the case may be) complaint] made by the owner of premises, it appears to [F3the appropriate court or tribunal] that the occupier of those premises prevents the owner from executing any work that he is by or under this Act required to execute, the court [F4or tribunal] may order the occupier to permit the execution of the work.

Textual Amendments

F2Words in s. 98 substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 23(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F3Words in s. 98 substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(q); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F4Words in s. 98 inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 23(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

99 Content and enforcement of notice requiring works.E+W

(1)A notice in relation to which it is declared by any provision of this Act that this section applies shall indicate the nature of the works to be executed and state the time within which they are to be executed.

(2)Subject to any right of appeal conferred by section 102 below, if the person required by such a notice to execute works fails to execute them within the time limited by the notice—

(a)the local authority [F5or the regulator (as the case may be)] may themselves execute the works and recover from that person the expenses reasonably incurred by them in doing so, and

(b)without prejudice to that power, he is liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the default continues after he is convicted.

(3)This section has effect subject to any modification specified in the provision under which the notice is given.

Textual Amendments

F5Words in s. 99(2)(a) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 62; S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

100 Sale of materials.E+W

(1)A [F6relevant authority] may sell any materials that—

(a)have been removed by them from any premises, including a street, when executing works under this Act or otherwise carrying this Act into effect, and

(b)are not before the expiration of three days from the date of their removal claimed by the owner and taken away by him.

(2)Where a [F6relevant authority] sell materials under this section, they shall pay the proceeds to the person to whom the materials belonged, after deducting the amount of any expenses recoverable by them from him.

(3)This section does not apply to refuse removed by a [F6relevant authority].

[F7(4)In this section “relevant authority” means a local authority or the regulator.]

Textual Amendments

F6Words in s. 100 substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 63(2); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F7S. 100(4) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 63(3); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

101 Breaking open of streets.E+W

(1)For the purposes of any section of this Act that confers powers on [F8any relevant authority] to construct, lay or maintain sewers, drains or pipes, [F9[F10section 158 of the Water Industry Act 1991] (street works) shall apply, with the necessary modifications, as [F11it applies] for the purpose of conferring power on a water undertaker or sewerage undertaker to lay a relevant pipe, within the meaning of [F12that section].]

[F13(2)[F14That section] shall also so apply so far as necessary for the purposes of any power to lay or maintain a sewer or drain which is conferred by this Act on a person other than a [F15relevant authority].]

[F16(3)In this section “relevant authority” means a local authority or the regulator.]

Textual Amendments

F8Words in s. 101(1) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 64(2); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F15Words in s. 101(2) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 64(3); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)