Paragraph 4
England, Wales and Scotland
When any undertakers entitled as aforesaid have duly given a notice under the last preceding paragraph, the authority shall give notice to the undertakers without avoidable delay either accepting the undertakers’ notice as a specification of works and measures to be treated at the instance of the undertakers as necessary for the purposes aforesaid as respects relevant apparatus of theirs, or objecting to it, and—
if the authority do not so give notice within twenty-nine days from the date on which the undertakers’ notice was given, the authority shall be deemed to have accepted it as aforesaid;
if the authority do so give notice objecting to the undertaker’s notice, such a specification may be settled by agreement between the authority and the undertakers, or, in default of agreement, the undertakers or the authority may refer the matter to arbitration and the F1arbitratorarbiter shall (unless he determines that none of the works or measures claimed ought to be so treated) settle a specification of the works and measures to be so treated.
Annotations
Textual amendments
- F1
Word “arbiter” substituted (S.) for word “arbitrator” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(36)(b)
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Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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.
Notes on Schedule FOURTH
Modifications
- C1
Sch. 4 extended (16.3.1992) by Midland Metro Act 1992 (c. vii), s. 8(3)