C1C2 Part VI UNDERTAKERS ’ POWERS AND WORKS

Annotations:
Modifications etc. (not altering text)
C1

Part VI: power to apply conferred (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(2)(b), 225(2)

CHAPTER III SUPPLEMENTAL PROVISIONS WITH RESPECT TO UNDERTAKERS’ POWERS

Damage etc. caused by works

C3182 Codes of practice with respect to work on private land.

1

For the purposes of section 181 above it shall be the duty of every company holding an appointment under Chapter I of Part II of this Act as a relevant undertaker—

a

as soon as reasonably practicable after its appointment takes effect, to submit to the Secretary of State for his approval a code of practice with respect to its exercise of any powers conferred by or by virtue of section 159 or 161(2) above; and

b

if required to do so by the Secretary of State at any subsequent time, to submit proposed modifications of that code to the Secretary of State for his approval.

2

The Secretary of State, if he considers it appropriate to do so for the purpose of promoting what appear to him to be desirable practices with respect to the exercise, by any company holding an appointment under Chapter I of Part II of this Act as a relevant undertaker, of any powers conferred by or by virtue of section 159 or 161(2) above, may at any time by order made by statutory instrument, in relation to that company—

a

approve any code of practice with respect to the exercise of those powers which has been submitted to him (whether or not under subsection (1) above) by that company for his approval;

b

approve any modifications of such a code which have been so submitted; or

c

withdraw his approval for any such code or modification.

3

A contravention of a code of practice as for the time being approved under this section in relation to a company shall not—

a

affect the powers conferred on that company as a relevant undertaker by this Part;

b

of itself entitle any person to be paid any amount under subsection (4) of section 181 above; or

c

give rise to any criminal or civil liability;

but F1the Authority shall take into account whether there has been any such contravention in determining whether to give a direction under that subsection to that company and in determining the amount to which any such direction relates.

4

The Secretary of State shall not make an order under subsection (2) above unless he has first consulted all such persons as he considers it appropriate to consult.

5

The duties of a relevant undertaker under subsection (1) above shall be enforceable under section 18 above by the Secretary of State.