Section 116 Notice of emergency works.C1

(1)

Nothing in section 113 (advance notice), section 114 (notice of starting date) F1... section 115 (directions as to timing of works) F2or section 115A (power to give directions as to placing of apparatus) affects the right of an undertaker to execute emergency works.

(2)

An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is required by section 114, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun F3....

F4(3A)

For the purposes of subsection (2) an undertaker gives notice by—

(a)

giving to each person to whom notice would be required to be given under section 114 a notice—

(i)

stating the undertaker's intention, or as the case may be, the fact that he has begun to execute the works, and

(ii)

containing such other information as may be prescribed, and

(b)

entering in the SRWR a copy of that notice.

(4)

An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding F5level 4 on the standard scale.

(5)

In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—

(a)

to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

(b)

to his not knowing the identity or address of—

(i)

a relevant authority, or

(ii)

the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.

Annotations

Textual amendments

F1: Word in s. 116(1) repealed (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 21(2), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F2: Words in s. 116(1) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 21(2), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F3: Words in s. 116(2) repealed (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(5)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F4: S. 116(3A) substituted for s. 116(3) (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(5)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1
F5: Words in s. 116(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 3; S.S.I. 2008/15, art. 2(2), sch. 1

Modifications

C1: S. 116 modified (28.11.1992) by S.I. 1992/2990, art. 5

Notes on Part IV

Modifications

C1: Pt. 4 (ss. 107-165) 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. IV para. 101(3); S.I. 1992/2990, art. 2(2), Sch.2)
C2: Pt. 4 modified (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 7 (with s. 50)
C3: Pt. 4 modified (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 12 (with ss. 52, 60)
C4: Pt. 4 modified (8.5.2007) by Airdrie Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 13 (with ss. 48, 59)
C5: Pt. 4 excluded (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 38(6)
C6: Pt. 4 modified (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), arts. 1, 8 (with art. 37)