Part VI UNDERTAKERS ’ POWERS AND WORKS

CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

Damage etc. caused by works

181 Complaints with respect to the exercise of works powers on private land.

(1)

Subject to subsection (2) below, it shall be the duty of F1the Authority to investigate any complaint made or referred to F1it with respect to the exercise by a relevant undertaker of any powers conferred on that undertaker by or by virtue of section 159 or 161(2) above.

(2)

F1The Authority shall not be required to investigate any such complaint as is mentioned in subsection (1) above if—

(a)

the complaint appears to F1the Authority to be vexatious or frivolous;

(b)

F1The Authority is not satisfied that the complaint has been brought by the complainant to the attention of the relevant undertaker in question and that that undertaker has been given a reasonable opportunity of investigating and dealing with it; or

(c)

the complaint was first made to F1the Authority or F2the Council more than twelve months, or such longer period as F1the Authority may for special reasons allow, after the matters to which the complaint relates first came to the notice of the complainant.

(3)

Where F1the Authority, in pursuance of F1its duty under this section, investigates a complaint with respect to the exercise of any powers by a relevant undertaker-

(a)

it shall be the duty of that undertaker to provide F1the Authority with all such information and assistance as F1it may reasonably require for the purposes of F1its investigation; and

(b)

it shall be the duty of F1the Authority, before giving any direction under subsection (4) below, to consider any representations made to F1it by the complainant or by that undertaker with respect to the subject-matter of the complaint.

(4)

If on a complaint under subsection (1) above with respect to the exercise of any powers by a relevant undertaker, F1the Authority is satisfied that that undertaker—

(a)

has failed adequately to consult the complainant, before and in the course of exercising those powers, about the manner in which they are exercised; or

(b)

by acting unreasonably in the manner of its exercise of those powers, has caused the complainant to sustain loss or damage or to be subjected to inconvenience,

F1the Authority may direct the undertaker to pay to the complainant an amount, not exceeding £5,000, in respect of that failure, loss, damage or inconvenience.

(5)

F1The Authority shall not under subsection (4) above direct a relevant undertaker to pay any amount to a complainant in respect of any loss, damage or inconvenience for which compensation is recoverable under any other enactment except in so far as it appears to F1it appropriate to do so by reason of any failure of the amount of any such compensation to reflect the fact that it was not reasonable for the undertaker to cause the complainant to sustain the loss or damage or to be subjected to the inconvenience.

(6)

The duties of a relevant undertaker by virtue of subsection (3)(a) above shall be enforceable under section 18 above by F1the Authority.

(7)

A person to whom any amount is required, in pursuance of a direction under subsection (4) above, to be paid by a relevant undertaker shall be entitled to recover that amount from that undertaker by virtue of this section.

(8)

The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (4) above.