An undertaker executing road works in a road with special engineering difficulties shall, where a plan and section have been settled, execute the works in accordance with the plan and section as settled, or, if each of the relevant authorities agrees to the modification of the plan or section, in accordance with them as so modified.

If an undertaker fails to comply with sub-paragraph (1) he commits an offence and is liable on summary conviction to a fine not exceeding F1level 5 on the standard scale.