SCHEDULE 4 Other Powers etc. of Licence Holders
Alteration of works
3
(1)
A licence holder may execute works in pursuance of paragraph 1 or 2 above, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely—
(a)
any electric line or electrical plant under the control of another licence holder;
(b)
any gas pipe F1operated by a public gas transporter;
(c)
any relevant pipe (within the meaning of F2section 159 of the Water Resources Act 1991 or section 158 of the Water Industry Act 1991 which (whether or not it is in a street) is) under the control of the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Scotland, any water pipe under the control of a person supplying water in the exercise of statutory powers;
(d)
any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or
(e)
any system apparatus (within the meaning of Part II of the M1Road Traffic (Driver Licensing and Information Systems) Act 1989) of an operator of a driver information system who is licensed under Part II of that Act.
(2)
Where a licence holder is proposing to execute works in pursuance of paragraph 1 or 2 above which involve or are likely to involve any such alteration as is mentioned in sub-paragraph (1)(a), (b) or (c) above, the following provisions of this paragraph shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the F3public gas transporter or the person supplying water in the exercise of statutory powers, as the case may be.
(3)
The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.
(4)
Sub-paragraph (3) above shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works.
(5)
Where a notice has been given under sub-paragraph (3) above by the licence holder to the relevant undertaker, the undertaker may within the period of seven days beginning with the giving of the notice give the licence holder a counter-notice which may state either—
(a)
that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or
(b)
that he requires the licence holder in making any such alteration to do so under the supervision and to the satisfaction of the undertaker.
(6)
Where a counter-notice given under sub-paragraph (5) above states that the relevant undertaker intends himself to make any alteration—
(a)
the undertaker shall (subject to sub-paragraph (8) below) have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and
(b)
any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.
(7)
Where a counter-notice given under sub-paragraph (5) above states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker—
(a)
the licence holder shall not make the alteration except as required by the notice or under sub-paragraph (8) below; and
(b)
any expenses incurred by the undertaker in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.
(8)
Where—
(a)
no counter-notice is given under sub-paragraph (5) above; or
(b)
the relevant undertaker, having given a counter-notice falling within that sub-paragraph, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than 48 hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision,
the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker.
(9)
If the licence holder or any of his agents—
(a)
executes any works without the notice required by sub-paragraph (3) above having been given; or
(b)
unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph,
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
(1)
A licence holder may execute works in pursuance of paragraph 1 or 2 above, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely—
(a)
any electric line or electrical plant under the control of another licence holder;
(b)
any gas pipe operated by a public gas transporter;
(c)
any relevant pipe (within the meaning of Schedule 19 to the Water Act 1989) under the control of the National Rivers Authority, a water undertaker or a sewerage undertaker or, in Scotland, any water pipe under the control of a person supplying water in the exercise of statutory powers;
(d)
any telecommunication apparatus used for the purposes of a telecommunication system which is operated by a person to whom the telecommunications code applies; or
(e)
any system apparatus (within the meaning of Part II of the Road Traffic (Driver Licensing and Information Systems) Act 1989) of an operator of a driver information system who is licensed under Part II of that Act.
(2)
Where a licence holder is proposing to execute works in pursuance of paragraph 1 or 2 above which involve or are likely to involve any such alteration as is mentioned in sub-paragraph (1)(a), (b) or (c) above, the following provisions of this paragraph shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the public gas transporter or the person supplying water in the exercise of statutory powers, as the case may be.
(3)
The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced.
(4)
Sub-paragraph (3) above shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works.
(5)
Where a notice has been given under sub-paragraph (3) above by the licence holder to the relevant undertaker, the undertaker may within the period of seven days beginning with the giving of the notice give the licence holder a counter-notice which may state either—
(a)
that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or
(b)
that he requires the licence holder in making any such alteration to do so under the supervision and to the satisfaction of the undertaker.
(6)
Where a counter-notice given under sub-paragraph (5) above states that the relevant undertaker intends himself to make any alteration—
(a)
the undertaker shall (subject to sub-paragraph (8) below) have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and
(b)
any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.
(7)
Where a counter-notice given under sub-paragraph (5) above states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker—
(a)
the licence holder shall not make the alteration except as required by the notice or under sub-paragraph (8) below; and
(b)
any expenses incurred by the undertaker in or in connection with the provision of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction.
(8)
Where—
(a)
no counter-notice is given under sub-paragraph (5) above; or
(b)
the relevant undertaker, having given a counter-notice falling within that sub-paragraph, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than 48 hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision,
the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker.
(9)
If the licence holder or any of his agents—
(a)
executes any works without the notice required by sub-paragraph (3) above having been given; or
(b)
unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph,
he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
(1)
Any of the following who is authorised by or under any enactment to execute works corresponding to those authorised by paragraph 1 or 2 above, namely—
(a)
any F4public gas transporter;
(b)
the F5Environment Agency, any water undertaker or any sewerage undertaker or, in Scotland, any person supplying water in the exercise of statutory powers;
(c)
any public telecommunications operator; and
(d)
any operator of a driver information system who is licensed under Part II of the M2Road Traffic (Driver Licensing and Information Systems) Act 1989,
(in this paragraph referred to as a “relevant undertaker”) may execute such works, notwithstanding that they involve a temporary or permanent alteration of any electric line or electrical plant under the control of a licence holder.
(2)
Where a relevant undertaker is proposing to execute any such works as are mentioned in sub-paragraph (1) above which involve or are likely to involve any such alteration as is there mentioned, sub-paragraphs (3) to (9) of paragraph 3 above shall apply as if—
(a)
any reference to the licence holder were a reference to the relevant undertaker; and
(b)
any reference to the relevant undertaker were a reference to the licence holder.