C2Part IV Road works in Scotland

Annotations:
Modifications etc. (not altering text)

Duties and liabilities of undertakers with respect to apparatus

C1141 Liability for damage or loss caused.

1

An undertaker shall compensate—

a

the road works authority or any other relevant authority in respect of any damage or loss suffered by the authority in their capacity as such, and

b

any other person having apparatus in the road in respect of any expense reasonably incurred in making good damage to that apparatus,

as a result of the execution by the undertaker of road works or any event of a kind mentioned in subsection (2) below.

2

The events referred to in subsection (1) are any explosion, ignition, discharge or other event occurring to gas, electricity, water or other thing required for the purposes of a supply or service afforded by an undertaker which—

a

at the time of or immediately before the event in question was in apparatus of the undertaker in the road, or

b

had been in such apparatus before that event and had escaped therefrom in circumstances which contributed to its occurrence.

3

The liability of an undertaker under this section arises—

a

whether or not the damage or loss is attributable to negligence on his part or on the part of any person for whom he is responsible, and

b

notwithstanding that he is acting in pursuance of a statutory duty.

4

However, his liability under this section does not extend to damage or loss which is attributable to misconduct or negligence on the part of—

a

the person suffering the damage or loss, or any person for whom he is responsible, or

b

a third party, that is, a person for whom neither the undertaker nor the person suffering the damage or loss is responsible.

5

For the purposes of this section the persons for whom a person is responsible are his contractors and any person in his employ or that of his contractors.

6

Nothing in this section shall be taken as exonerating an undertaker from any liability to which he would otherwise be subject.