C10C1C2C3C4C5C6C7C8C9C20C107C40C26C98C109C49C70C35C88C76C43C59C104C124C115C114C74C93C116C69C50C36C31C100C15C106C38C39C85C32C75C83C79C34C22C86C113C55C71C51C67C103C143C140C16C117C42C72C66C112C118C73C108C44C41C128C80C92C130C123C27C142C125C37C21C120C60C121C138C18C95C97C119C78C65C58C94C19C48C12C57C17C91C146C149C150Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C2

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C3

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4

Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5

Pt. 3 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. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C6

Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C7

Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C8

Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C9

Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C115

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C114

Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C31

Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)

C106

Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C108

Pt. 3 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C19

Pt. 3 modified (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(1)(2) (with arts. 5, 36) (as amended (7.2.2024) by S.I. 2024/129, art. 1, Sch.)

C146C149C150 Duties and liabilities of undertakers with respect to apparatus

I1C61C31C105C63C23C96C56C75C131C79C137C53C110C126C13C47C30C28C33C24C133C45C136C139C135C144C143C46C134C81C102C140C122C87C29C72C132C77C52C62C111C25C90C54C84C142C99C82C21C127C68C95C101C129C141C14C64C48C145C149C150C147C148C15179C31C75C79C143C140C72C142C21C95C48C149C150 Records of location of apparatus.

C11C891

An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after—

I2a

placing it in the street or altering its position,

I2b

locating it in the street in the course of executing any other works, or

c

being informed of its location under section 80 below,

stating the nature of the apparatus and (if known) whether it is for the time being in use.

I22

The records shall be kept up to date and shall be kept in such form and manner as may be prescribed.

I23

An undertaker shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the street or otherwise appearing to the undertaker to have a sufficient interest.

I24

If an undertaker fails to comply with his duties under this section—

a

he commits an offence and is liable on summary conviction to a fine not exceeding F1level 5 on the standard scale; and

b

he is liable to compensate any person in respect of damage or loss incurred by him in consequence of the failure.

I25

In criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.

I26

An order under section 102 (power to make consequential amendments, repeals, &c.) relating to an enactment or instrument containing provision for the keeping of records of apparatus which appears to the Secretary of State to be superseded by or otherwise inconsistent with the provisions of this section—

a

shall not be subject to the procedure provided for in Schedule 5, and

b

may make such transitional and other provision as appears to the Secretary of State appropriate for applying in relation to records compiled under that enactment or instrument the provisions of subsections (2) to (5) above and section 80 below.