Paragraph 5

England, Wales and Scotland

(1)

Undertakers proposing to begin the execution of code-regulated works in controlled land shall give to the F1streetroads authority, and, in the case of land in the occupation of a person other than the streetroads authority, to him, a notice stating the general nature of the works and their intention to execute them, and shall not begin the execution thereof, except with the consent of the streetroads authority and of any other person in occupation of the land, until there have elapsed from the date on which the notice was given—

(a)

in the case of any works not being such as are mentioned in head (b) of this sub-paragraph, seven days, or

(b)

in the case of works relating only to a service pipe or service line or F2overhead telecommunication apparatus, three days:

Provided that the undertakers may begin the execution of any of the works in question which are emergency works before the time when by virtue of the preceding provisions of this sub-paragraph they could lawfully begin them.

(2)

If undertakers begin the execution of any works in contravention of the preceding sub-paragaph, they shall in respect of that contravention be liable on summary conviction to a fine not exceeding F3level 3 on the standard scale.

Annotations

Textual amendments

F1: Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(e)
F2: Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 29(2), Sch. 5 para. 45
F3: Words substituted (E.W.) (S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Notes on the whole Act

Textual amendments

F1: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
F2: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.