[F1When can an undertaker carry out emergency undertaker's works?U.K.
Textual Amendments
F1Sch. 3A inserted (31.7.2017 for the purpose of making regulations under Sch. 3A para. 95, 22.11.2017 but only in relation to Sch. 3A para. 106, 28.12.2017 in so far as not already in force) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 1 (with Sch. 2); S.I. 2017/765, reg. 2(ii)(jj); S.I. 2017/1136, reg. 2; S.I. 2017/1286, reg. 2(b)
71(1)An undertaker may, in carrying out emergency undertaker's works, make an alteration of any electronic communications apparatus kept on, under or over any land for the purposes of an operator's network.U.K.
(2)The undertaker must give the operator notice of the emergency undertaker's works as soon as practicable after beginning them.
(3)This paragraph does not authorise the undertaker to make an alteration of apparatus after any failure by the undertaker to give notice in accordance with sub-paragraph (2).
(4)The undertaker must make the alteration to the satisfaction of the operator.
(5)If the undertaker makes any alteration in accordance with this paragraph, the undertaker must pay the operator—
(a)any expenses incurred by the operator in, or in connection with, supervising the undertaker when making the alteration; and
(b)the amount of any loss or damage sustained by the operator in consequence of the alteration being made.
(6)Any amount which is not paid in accordance with sub-paragraph (5) is to be recoverable by the operator from the undertaker in any court of competent jurisdiction.
(7)In this paragraph “emergency undertaker's works” means undertaker's works carried out in order to stop anything already occurring, or to prevent anything imminent from occurring, which is likely to cause—
(a)danger to persons or property,
(b)interference with the exercise of any functions conferred or imposed on the undertaker by or under any enactment, or
(c)substantial loss to the undertaker,
and any other works which it is reasonable (in all the circumstances) to carry out with those works.]