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—E+W+S
(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, [F3the Natural Resources Body for Wales,] 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 [F4electronic communications apparatus] used for the purposes of [F5an electronic communications code network] which is operated by a person to whom the [F6electronic communications 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 [F7public 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.
Textual Amendments
F1Words in Sch. 4 para. 3(1)(b) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 17(1)(a); S.I. 1996/218, art. 2
F2Words in Sch. 4 para. 3(1)(c) substituted (E.W.) (01.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 51(2).
F3Words in Sch. 4 para. 3(1)(c) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 196(2) (with Sch. 7)
F4Words in Sch. 4 para. 3(1)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 99(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F5Words in Sch. 4 para. 3(1)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 99(2)(b) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F6Words in Sch. 4 para. 3(1)(d) substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 99(2)(c) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)
F7Words in Sch. 4 para. 3(2) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 17(1)(b); S.I. 1996/218, art. 2
Marginal Citations