New Roads and Street Works Act 1991 (c. 22)

Part IV U.K. Road works in Scotland

Modifications etc. (not altering text)

C1 Pt. 4 (ss. 107-165) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 101(3); S.I. 1992/2990, art. 2(2), Sch.2)

Provisions with respect to particular authorities and undertakings S

148 Sewers. S

(1) An undertaker proposing to execute road works affecting a sewer vested in a local authority shall consult that authority before giving notice under section 114 (notice of starting date) in relation to the works.

(2) References in this Part to apparatus include a sewer, drain or tunnel.

(3) References to the undertaker in relation to such apparatus, or in relation to road works in connection with such apparatus, shall be construed—

(a) in the case of a sewer vested in a local authority, as references to that authority, and

(b) in any other case, as references to the authority, body or person having the management or control of the sewer, drain or tunnel.

(4) Section 128 (provisions as to works likely to affect other apparatus in the road) does not apply by virtue of subsection (2) above in relation to works likely to affect a sewer vested in a local authority if, or to the extent that, Schedule 6 (works in roads with special engineering difficulties) applies.