67 Qualifications of supervisors and operatives.E+W
(1)It is the duty of an undertaker executing street works involving—
(a)breaking up the street, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the street,
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 street works involving—
(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the street,
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 [F1level 5] 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.
Textual Amendments
F1Words in s. 67(3) substituted (4.10.2004 for E.) by Traffic Management Act 2004 (c. 18), ss. 40(1)(2), 99(1), Sch. 1; S.I. 2004/2380, art. 2(d)(i) (with art. 3)
Modifications etc. (not altering text)
C1Pt. 3 modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(1)(2) (with arts. 65, 66)
C2Pt. 3 modified (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 3(1)(2) (with art. 51)
C3Pt. 3 modified (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 3(1)(2) (with art. 47)
C4Pt. 3 applied (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 3(1)
C5Pt. 3 modified (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(7) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)