C1C2C3C4C5C6C7C8C9Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C1

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

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

C2

Definition in Pt. III (ss. 48-106) applied (01.12.1991) 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. III (ss. 48-106) applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4

Part III (ss. 48-106) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5

Part III (ss. 48-106) 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. III para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Part III (ss. 48-106) modified (27.7.1993) by 1993 c. xv, s. 4(1)

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

C6

S. 48-106 (Pt. III) applied (with modifications) (21.7.1994) by 1994 c. xv s. 4(1)

S. 48-106 (Pt. III) applied (21.7.1994) by 1994 c. xv s. 45(5)(a)

S. 48-106 (Pt. III) excluded (21.7.1994) by 1994 c. xv s. 21(2)

S. 48-106 (Pt. III) restricted (21.7.1994) by 1994 c. xv s. 4(2)

C7

S. 48-106 (Pt. III) excluded (18.12.1996) by 1996 c. 61 s. 52, Sch. 15, Pt. I, para. 1(3)

S. 48-106 (Pt. III) modified (18.12.1996) by 1996 c. 61 s. 3, Sch. 3, para. 8

C8

S. 48-106 (Pt. III) extended (28.7.1998) by 1998 c. iv s. 3

C9

S. 48-106 (Pt. III) applied (27.8.1998) by S.I. 1998/1936 arts. 1, 41, Sch. 10 para. 2(8), 3(2)

Duties and liabilities of undertakers with respect to apparatus

C11C1080 Duty to inform undertakers of location of apparatus.

1

A person executing works of any description in the street who finds apparatus belonging to an undertaker which is not marked, or is wrongly marked, on the records made available by the undertaker, shall take such steps as are reasonably practicable to inform the undertaker to whom the apparatus belongs of its location and (so far as appears from external inspection) its nature and whether it is in use.

2

Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall—

a

if he is an undertaker, note on the records kept by him under section 79(1) (in such manner as may be prescribed) the location of the apparatus he has found and its general description; and

b

in any other case, inform the street authority of the location and general description of the apparatus he has found.

3

Subsections (1) and (2) have effect subject to such exceptions as may be prescribed.

4

A person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.