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Section 153 Power to require gas and water pipes to be moved.C5C1C2C3C4

Where for any purpose of this Act any urban authority deem it necessary to raise sink or otherwise alter the situation of any water or gas pipes mains plugs or other waterworks or gasworks laid in or under any street, they may by notice in writing require the owner of the pipes mains plugs or works to raise sink or otherwise alter the situation of the same in such manner and within such reasonable time as is specified in the notice; the expenses of or connected with any such alteration shall be paid by the urban authority; and if such notice is not complied with the urban authority may themselves make the alteration required:

  • Provided—

  • That no such alteration shall be required or made which will permanently injure any such pipes mains plugs or works or prevent the water or gas from flowing as freely and conveniently as usual; and

  • That where under any local Act of Parliament the expenses of or connected with the raising sinking or otherwise altering the situation of any water or gas pipes mains plugs or other waterworks or gasworks, are directed to be borne by the owner of such pipes or works, his liability in that respect shall continue in the same manner and under the same conditions in all respects as if this Act had not been passed.

Annotations

Modifications

C1

S. 153: functions of the Secretary of State for Transport made exercisable by, or by employees of, such person as may be authorised in that behalf by the Secretary of State for Transport (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 3 para. 1

S. 153: functions of a local highway authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 3 para. 1

C2

S. 153 applied (1.11.2007) by Flood Defence (Mimmshall Brook Works) Order 2007 (S.I. 2007/2980), arts. 1, 5(3)

C3

S. 153: certain functions made exercisable (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), arts. 1, 3, Sch. 3 paras. 1

C4

S. 153: functions made exercisable as specified (1.4.2015) by The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 (S.I. 2015/378), regs. 1(1), 3, Sch. 3 paras. 1

C5

S. 153 excluded by Public Utilities Street Works Act 1950 (c. 39), s. 24, Sch. 5; and amended by Local Government Act 1972 (c. 70), Sch. 14 para. 29