Version Superseded: 01/04/2008
Point in time view as at 25/07/2003. This version of this provision has been superseded.
New Roads and Street Works Act 1991, Section 126 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)It is the duty of an undertaker executing road works involving—
(a)breaking up the road, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the road,
to secure that, except in such cases as may be prescribed, the execution of the works is supervised by a person having a prescribed qualification as a supervisor.
(2)It is the duty of an undertaker executing road works involving—
(a)breaking up or opening the road, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the road,
to secure that, except in such cases as may be prescribed, there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.
(3)An undertaker who fails to comply with his duty under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4)Regulations made by the Secretary of State for the purposes of this section may include provision with respect to—
(a)the approval of bodies conferring qualifications (and the withdrawal of such approval), and
(b)the circumstances in which a qualification may be conferred.
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