Public Utilities Street Works Act 1950 (repealed 1.1.1993)

19 Liabilities of undertakers to transport authorities. E+W+S

(1) If either—

(a) by the execution of code-regulated works in a [F1 street][F1 road] which is carried by or goes under a bridge vested in a transport authority or which crosses or is crossed by other property held or used for the purposes of a transport undertaking, or

(b) by any such event as is mentioned in paragraph (b) of subsection (2) of the last preceding section occurring as therein mentioned in a case in which the apparatus in question is in such a [F1 street][F1 road] as aforesaid,

damage is caused to the bridge or other property, or flooding or other obstruction thereof is caused, the undertakers shall indemnify the transport authority against expense reasonably incurred by them of making good the damage or removing the obstruction, and against any loss sustained by them in respect of interference with traffic resulting directly from the damage or obstruction:

Provided that undertakers shall not be liable by virtue of this subsection in respect of any damage or obstruction if it would not have been sustained or have occurred but for misconduct or negligence on the part of the authority or their contractors or any person in the employ of the authority or their contractors.

(2) Undertakers having power to maintain apparatus the maintenance of which is a code-regulated work, and which is in such a [F2 street][F2 road] as aforesaid, shall secure that the apparatus is maintained to the reasonable satisfaction of the transport authority and shall afford reasonable facilities to the authority for ascertaining that it is so maintained.

If the undertakers fail to give to the authority facilities which they are required by this subsection to give, the authority may execute such works as may be needed for enabling them to inspect the apparatus, including any necessary breaking up or opening of the [F2 street][F2 road], and, if the undertakers fail to secure that the apparatus is maintained in accordance with this subsection, the authority may execute any emergency works rendered necessary by the failure, including as aforesaid, and the undertakers shall pay to the authority an amount equal to the cost reasonably incurred by the authority of executing any such works; and—

(a) subsection (5) of section ten of this Act (as to obligations and liabilities of a transport authority executing works) shall have effect in relation to any such works executed by the authority as it has effect in relation to works executed under subsection (3) of that section, but so as to include (notwithstanding anything in proviso (a) to the said subsection (5) the obligations and liabilities as to reinstating and making good imposed by subsection (2) of section seven of this Act;

(b) as soon as is reasonably practicable after beginning any such works the authority shall give to each of the authorities or managers concerned within the meaning of the [F2 street][F2 road] works code, and, if the works are in a [F2 street][F2 road] which is [F3 prospectively a maintainable highway][F3 a prospective public road], to the [F2 street][F2 road] managers also, a notice stating the general nature of the works which they have executed and propose to execute.

(3) Subject to the provisions of section thirty-two of this Act, the preceding provisions of this section shall not exonerate undertakers from any liability to which they are subject apart from the preceding provisions of this section, whether to a transport authority or to any other authority, body or person.

[F4 X1 (4) Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against damage [F5 suffered by the authority as a result of a tort], in respect of which another person would if sued by the authority be liable as a tortfeasor, but in respect of which the undertakers are not so liable, the undertakers shall have the like right to recover contribution from that other person under [F6 section 1 of the M1 Civil Liability (Contribution) Act 1978] as if the undertakers had been so liable.]

[F4 X1 (4) Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against loss or damage, within the meaning of the M2 Law Reform (Miscellaneous Provisions) (Scotland) Act 1940, in respect of which another person would if sued by the authority be liable in respect of a wrongful act or negligent act or omission, but in respect of which the undertakers are not so liable, the undertakers shall have the like right to recover contribution from that other person under section 3 of that Act as if the undertakers had been so liable.]

Editorial Information

X1 S. 19(4) commencing “Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against loss” substituted (S.) for s. 19(4) commencing “Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against damage” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(18)(c)

Textual Amendments

F1 Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(18)(a)

F2 By Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(18)(b)(i) that in s. 19, as applying to Scotland, in subsection (2) for the word “street” wherever it occurs there is substituted the word “road”

F3 Words “a prospective public road” substituted (S.) for words “prospectively a maintainable highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(18)(b)(ii)

F4 S. 19(4) commencing “Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against loss” substituted (S.) for s. 19(4) commencing “Where undertakers are required by a transport authority to give an indemnity by virtue of subsection (1) of this section against damage” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(18)(c)

F5 Words substituted for words “within the meaning of the Law Reform (Married Women and Tortfeasors) Act 1935” by Civil Liability (Contribution) Act 1978 (c. 47, SIF 122:3), Sch. 1 para. 2(a)

F6 Words substituted for words “section six of that Act” by Civil Liability (Contributions) Act 1978 (c. 47, SIF 122:3), Sch. 1 para. 2(b)

Marginal Citations

M1 1978 c. 47(122:3).

M2 1940 c. 42(122:3).