Section 73 Reinstatement affected by subsequent works.C2 C6 C7 C9 C12 C14 C31 C36 C41 C51 C54 C57 C63 C65 C66 C71 C74 C75 C1 C3 C4 C5 C8 C10 C11 C13 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C32 C33 C34 C35 C37 C38 C39 C40 C42 C43 C44 C45 C46 C47 C48 C49 C50 C52 C53 C55 C56 C58 C59 C60 C61 C62 C64 C67 C68 C69 C70 C72 C73 C76 C77 C78 C79 C80 C81 C82 C83 C84 C85 C86 C87 C88 C89 C90 C91 C92 C93 C94 C95 C96 C97 C98 C99 C100 C101 C102 C103 C104 C105 C106 C107 C108 C109 C110 C111

(1)

The provisions of this section apply in relation to an undertaker’s duty under section 71(2) to ensure that a reinstatement conforms to the prescribed performance standards for the requisite period; and references to responsibility for a reinstatement and to the period of that responsibility shall be construed accordingly.

(2)

Where a reinstatement is affected by remedial works executed by the undertaker in order to comply with his duties under this Part with respect to reinstatement and the extent of the works exceeds that prescribed, the subsequent reinstatement shall be treated as a new reinstatement as regards the period of his responsibility.

(3)

Where the street authority carry out investigatory works in pursuance of section 72(1) and the investigation does not disclose any failure by the undertaker to comply with his duties under this Part with respect to reinstatement, then, to the extent that the original reinstatement has been disturbed by the investigatory works, the responsibility of the undertaker for the reinstatement shall cease.

(4)

Where a reinstatement is affected by remedial works executed by the street authority in exercise of their powers under section 72(3) or (4) (powers to act in default of undertaker)—

(a)

the undertaker is responsible for the subsequent reinstatement carried out by the authority, and

(b)

if the extent of the works exceeds that prescribed, the subsequent reinstatement shall be treated as a new reinstatement as regards the period of his responsibility.

C112(5)

The following provisions apply where a reinstatement is affected by subsequent works in the street otherwise than as mentioned above.

(6)

If the reinstatement is dug out to any extent in the course of the subsequent works, the responsibility of the undertaker for the reinstatement shall cease to that extent.

(7)

If in any other case the reinstatement ceases to conform to the prescribed performance standards by reason of the subsequent works, the responsibility of the undertaker for the reinstatement is transferred to the person executing the subsequent works; and the provisions of this Part apply in relation to him as they would have applied in relation to the undertaker.

(8)

Where there are successive subsequent works affecting a reinstatement, then as between earlier and later works—

(a)

subsections (6) and (7) apply in relation to the cessation or transfer of the responsibility of the person for the time being responsible for the reinstatement; and

(b)

if the reinstatement ceases to conform to the prescribed performance standards by reason of the works or any of them, it shall be presumed until the contrary is proved that this was caused by the later or last of the works.