70 Duty of undertaker to reinstate.E+W
(1)It is the duty of the undertaker by whom street works are executed to reinstate the street.
(2)He shall begin the reinstatement as soon after the completion of any part of the street works as is reasonably practicable and shall carry on and complete the reinstatement with all such dispatch as is reasonably practicable.
(3)He shall before the end of the next working day after the day on which the reinstatement is completed inform the street authority that he has completed the reinstatement of the street, stating whether the reinstatement is permanent or interim.
(4)If it is interim, he shall complete the permanent reinstatement of the street as soon as reasonably practicable and in any event within six months (or such other period as may be prescribed) from the date on which the interim reinstatement was completed; and he shall notify the street authority when he has done so.
(5)The permanent reinstatement of the street shall include, in particular, the reinstatement of features designed to assist people with a disability.
(6)An undertaker who fails to comply with any provision of this section commits an offence and is liable on summary conviction—
[F1(a)in the case of an offence consisting of a failure to comply with subsection (3) or (4A), to a fine not exceeding level 4 on the standard scale; and
(b)in any other case, to a fine not exceeding level 5 on that scale.]
(7)In proceedings against a person for an offence of failing to comply with subsection (2) it is a defence for him to show that any delay in reinstating the street was in order to avoid hindering the execution of other works, or other parts of the same works, to be undertaken immediately or shortly thereafter.
Textual Amendments
F1S. 70(6)(a)(b) substituted for words in s. 70(6) (4.10.2004 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 1.4.2008 for E.W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 40(3), 99(1); S.I. 2004/2380, art. 2(d)(ii) (with art. 3); S.I. 2007/1890, art. 2, Sch.; S.I. 2007/3174, art. 2, Sch. (with art. 4)
Modifications etc. (not altering text)
C1S. 70 excluded (27.11.1992) by S.I. 1992/2984, art. 9
C2S. 70(3)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 19(l)
Commencement Information
I1S. 70 wholly in force: s.70(1)-(3)(5)-(7) in force at 1.1.1993 see s. 170(1) and S.I. 1992/2984, art. 2(2), Sch. 2; s. 70(4) in force at 14.7.1992, see s. 170 and S.I. 1992/1686, art. 2, Sch.