Section 128 Works likely to affect other apparatus in the road.C1C2C3C4
Where road works are likely to affect another person’s apparatus in the road, the undertaker executing the works shall take all reasonably practicable steps—
to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and
to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.
An undertaker who fails to comply with subsection (1) commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.
In proceedings against a person for such an offence it is a defence for him to show that the failure was attributable—
to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
to his not knowing the identity or address of 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
Words in s. 128(2) 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. 128 excluded (28.11.1992) by S.I. 1992/2990, art. 8
- C2
S. 128 modified (1. 1. 1993) by Local Government, Planning and Land Act 1980 (c. 65), s. 167(7) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 109; S.I. 1992/2990, art. 2(2), Sch.2)
- C3
S. 128 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 7(6)(7) (with s. 75)
- C4
S. 128 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 7(6)(7) (with ss. 76, 84)
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)