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Section 143 Measures necessary where apparatus affected by major works.I1C1C2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

C3(1)

Where an undertaker’s apparatus in a road is or may be affected by major works for roads purposes, major bridge works or major transport works, the roads, bridge or transport authority concerned and the undertaker shall take such steps as are reasonably required—

(a)

to identify any measures needing to be taken in relation to the apparatus in consequence of, or in order to facilitate, the execution of the authority’s works,

(b)

to settle a specification of the necessary measures and determine by whom they are to be taken, and

(c)

to co-ordinate the taking of those measures and the execution of the authority’s works,

so as to secure the efficient implementation of the necessary work and the avoidance of unnecessary delay.

(2)

The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the matters mentioned in subsection (1) and the steps to be taken by the authority and the undertaker.

(3)

Any dispute between the authority and the undertaker as to any of the matters mentioned in subsection (1) shall, in default of agreement, be settled F1in the prescribed manner.

(4)

If the authority or the undertaker fails to comply with an agreement between them as to any of those matters, or with the decision F2made under subsection (3) F3in settlement of a dispute, the authority or undertaker shall be liable to compensate the other in respect of any loss or damage resulting from the failure.

Annotations

Textual amendments

F1

Words in s. 143(3) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(1)(2)(e), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F2

Word in s. 143(4) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(3)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F3

Words in s. 143(4) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 36(3)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

Modifications

C1

S. 143 applied (18.12.1996) by 1996 c. xii, s. 1, Sch. para. 11

C2

Ss. 142-144 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 58, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

C3

S. 143(1)(3)(4) excluded (28.11.1992) by S.I. 1992/2990, art.10

Commencement

I1

S. 143 wholly in force; s. 143(1)(3)(4) in force at 1.1.1993, see s. 170 and S.I. 1992/2990, art. 2(2), Sch. 2; s. 143(2) in force at 14.7.1992 by S.I. 1992/1671, art. 2, Sch.

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)