SCHEDULE 4 Power of F1Gas Transporters to Break Up Streets, Bridges Etc.
1
(1)
Subject to the following provisions of this Schedule, a F2gas transporter may execute the following kinds of works, that is to say—
F3(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 F2gas 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)
(b)
removing or using all earth and materials in or under any F4street.
(3)
A F2gas 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.
F5(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.
2
(1)
(2)
Any question whether or not consent to the erection of such a structure is unreasonably withheld shall be determined by a single arbitrator to be appointed by the parties or, in default of agreement, appointed by the Director.
(3)
For the purposes of this paragraph the withholding of consent shall, to the extent that it is based on the ground that the structure ought to be erected elsewhere than in a street, be treated as unreasonable if F8the transporter either that there is no reasonably practicable alternative to erecting it in a street, or that all such alternatives would, on the balance of probabilities, involve greater danger to life or property.
3
(1)
Subject to sub-paragraph (2) below, nothing in paragraph 1 above shall empower a F9gas transporter to lay down or place any pipe or other works into, through or against any building, or in any land not dedicated to the public use.
(2)
4
(1)
Except in cases of emergency arising from defects in any pipes or other works, a F12street which—
(a)
does not constitute for the purposes of the M1Highways Act 1980 a highway or part of a highway maintainable at the public expense; and
(b)
is under the control or management of, or maintainable by, any railway authority or navigation authority,
shall not be opened or broken up under paragraph 1 above except with the consent, which shall not be unreasonably withheld, of that authority.
(2)
Any question whether or not consent to the opening or breaking up of such a F12street is unreasonably withheld shall be determined by a single arbitrator to be appointed by the parties or, in default of agreement, appointed by the Director.
5
F13(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
Nothing in paragraph 1 above shall effect the application to any operation of sections 34 to 36 of the M2Coast Protection Act 1949.
6
In this Schedule—
F14. . .
“” means any person or body of persons, whether incorporated or not, authorised by or under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
“railway authority” means any person or body of persons, whether incorporated or not, authorised by any enactment to construct, work or carry on a railway; and
“
F15“street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.
7
In its application to Scotland this Schedule shall have effect with the following modifications—
(a)
in paragraphs 1 to 4, for the word “street”, wherever it occurs, there shall be substituted the word “road”;
F16(b)
in paragraph 2(1) for the words “street authority” there shall be substituted the words “road works authority”;
(c)
in paragraphs 2(2) and 4(2), for the word “arbitrator” there shall be substituted the words “arbiter”;
(d) in paragraph 4(1), for the words “for the purposes of the Highways Act 1980 a highway part of a highway maintainable at the public expense” there shall be substituted the words “a road within the meaning of the M3Roads (Scotland) Act 1984”;
F17(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(f)
in paragraph 6, for “street” and “street authority” substitute “road” and “road works authority” and for “Part III” substitute “Part IV”.