119 General duty of undertakers to co-operate.S
(1)An undertaker shall as regards the execution of road works use his best endeavours to co-operate with the road works authority and with other undertakers—
(a)in the interests of safety,
(b)to minimise the inconvenience to persons using the road (having regard, in particular, to the needs of people with a disability), and
(c)to protect the structure of the road and the integrity of apparatus in it.
(2)The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—
(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and
(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.
(3)An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I1S. 119 wholly in force: s. 119(1)(3) in force at 1.1.1993 see s. 170 and S.I. 1992/2990, art. 2(2), Sch. 2; s. 119(2) in force at 14.7.1992 by S.I. 1992/1671, art. 2, Sch.