C12C1C2C3C4C5C6C7C8C9C20C113C40C26C103C115C50C73C35C93C79C43C62C110C130C121C120C77C97C122C72C51C36C31C105C15C112C38C39C90C32C78C88C83C34C22C91C119C56C74C52C70C108C151C148C16C123C42C75C69C118C124C76C114C45C41C134C84C96C136C129C27C150C131C37C21C126C63C127C146C18C100C102C125C81C68C61C98C19C49C13C59C17C95C60C86C152C109C156Part 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)

C121

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

C120

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)

C112

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

C114

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.)

C60C86C152C109C156 Duties and liabilities of undertakers with respect to apparatus

C10C64C31C111C66C23C101C57C78C137C83C145C54C116C132C14C48C30C28C33C24C139C46C143C147C142C153C141C151C47C140C85C107C148C128C92C29C75C138C80C53C65C117C25C94C55C89C150C104C87C21C133C71C100C106C135C149C99C67C49C154C86C152C82C144C58C155C15682C31C78C83C151C148C75C150C21C100C49C86C152C156 Liability for damage or loss caused.

C111

An undertaker shall compensate—

a

the street authority or any other relevant authority in respect of any damage or loss suffered by the authority in their capacity as such, and

b

any other person having apparatus in the street in respect of any expense reasonably incurred in making good damage to that apparatus,

as a result of the execution by the undertaker of street works or any event of a kind mentioned in subsection (2).

C442

The events referred to in subsection (1) are any explosion, ignition, discharge or other event occurring to gas, electricity, water or any other thing required for the purposes of a supply or service afforded by an undertaker which—

a

at the time of or immediately before the event in question was in apparatus of the undertaker in the street, or

b

had been in such apparatus before that event and had escaped therefrom in circumstances which contributed to its occurrence.

3

The liability of an undertaker under this section arises—

a

whether or not the damage or loss is attributable to negligence on his part or on the part of any person for whom he is responsible, and

b

notwithstanding that he is acting in pursuance of a statutory duty.

4

However, his liability under this section does not extend to damage or loss which is attributable to misconduct or negligence on the part of—

a

the person suffering the damage or loss, or any person for whom he is responsible, or

b

a third party, that is, a person for whom neither the undertaker nor the person suffering the damage or loss is responsible.

5

For the purposes of this section the persons for whom a person is responsible are his contractors and any person in his employ or that of his contractors.

88

Nothing in this section shall be taken as exonerating an undertaker from any liability to which he would otherwise be subject.