Housing (Scotland) Act 1987

Provisions as to apparatus of public undertakers S

10 (1) Where the removal or alteration of apparatus belonging to public undertakers on, under or over land purchased by a local authority under Part IV or this Schedule or on, under or over a road running over or through or adjoining any such land is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred upon them by that Part or this Schedule, the authority shall have power to execute works for the removal or alteration of the apparatus subject to and in accordance with the provisions of this paragraph. S

(2) A local authority who intend to remove or alter any apparatus under the powers conferred by sub-paragraph (1) shall serve on the undertakers notice in writing of their intention, with particulars of the proposed works and of the manner in which they are to be executed and plans and sections thereof, and shall not commence any works until the expiry of a period of 28 days from the date of service of the notice, and the undertakers may within that period by notice in writing served on the authority—

(a) object to the execution of the works or any of them on the ground that they are not necessary for the purpose aforesaid; or

(b) state requirements to which in their opinion effect ought to be given as to the manner of, or the observance of conditions in, the execution of the works, as to the execution of other works for the protection of other apparatus belonging to the undertakers, or as to the execution of other works for the provision of substituted apparatus whether permanent or temporary;

and—

(i) if objection is so made to any works and not withdrawn, the local authority shall not execute the works unless they are determined by arbitration to be so necessary;

(ii) if any such requirement as aforesaid is so made and not withdrawn, the local authority shall give effect thereto unless it is determined by arbitration to be unreasonable.

(3) A local authority shall make to public undertakers reasonable compensation for any damage which is sustained by them by reason of the execution by the authority of any works under sub-paragraph (1) and which is not made good by the provision of substituted apparatus.

Any question as to the right of undertakers to recover compensation under this sub-paragraph or as to the amount thereof shall be determined by arbitration.

(4) Where the removal or alteration of apparatus belonging to public undertakers or the execution of works for the provision of substituted apparatus whether permanent or temporary is reasonably necessary for the purposes of their undertaking by reason of the stopping up, diversion or alteration of the level or width of a road by a local authority under powers exercisable by virtue of Part IV or this Schedule, such undertakers may, by notice in writing served on the authority, require them at the expense of the authority to remove or alter the apparatus or to execute the works, and, where any such requirement is so made and not withdrawn, the authority shall give effect thereto unless they serve notice in writing on the undertakers of their objection to the requirement within 28 days from the date of service of the notice upon them and the requirement is determined by arbitration to be unreasonable.

(5) At least 7 days before commencing any works which they are authorised or required under the provisions of this paragraph to execute, the local authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention so to do, and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers:

Provided that, if within 7 days from the date of service on them of notice under this sub-paragraph the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the local authority, and the reasonable costs thereof shall be repaid to the undertakers by the authority.

(6) Any difference arising between public undertakers and a local authority under sub-paragraph (5) and any matter which is by virtue of the provisions of this paragraph to be determined by arbitration shall—

(a) in the case of a question arising under sub-paragraph (3) be referred to and determined by the Lands Tribunal;

(b) in any other case be referred to and determined by an arbiter to be appointed, in default of agreement, by the Secretary of State.

(7) In this paragraph, references to the alteration of apparatus include references to diversion and to alterations of position or level.

Modifications etc. (not altering text)

C1 Sch. 8 para. 10 extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(8), Sch. 17 paras. 33, 35(1)

C2 Sch. 8 para. 10 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(9); S.I. 1996/218, art. 2