Section 12 Protection for sewer authorities.
England, Wales and Scotland
If it appears to a sewer authority concerned to whom a plan and section of works in a F1streetroad are submitted under subsection (1) of section three of this Act, or are furnished under subsection (3) thereof, or who are parties to the settlement of a plan and section of works in controlled land, that the undertakers’ works render any other works necessary for making proper provision for drainage for which F2a public sewer of the authoritythe sewer vested in the authority is then used, and—
in the case of works in a streetroad the authority give to the undertakers, within twenty-nine days from the date on which the plan and section were submitted or furnished to them, a notice specifying works which they claim to be so rendered necessary, or, in the case of works in a streetroad the plan and section whereof fall to be settled by arbitration or of works in controlled land, claim in the proceedings for the settlement of the plan and section that any works are so rendered necessary, and
the undertakers agree, or it is determined by arbitration, that any works are so rendered necessary,
the undertakers shall execute those works at such time and in such manner in relation to their works as may be needed for securing the purposes of the works so rendered necessary, and in respect of any failure so to do they shall be liable on summary conviction to a fine not exceeding F3level 3 on the standard scale:
Provided that this subsection shall be subject to the provisions of subsection (4) of this section (as to election by the sewer authority to execute works themselves).
Undertakers executing any code-regulated works which include breaking up or opening a F4public sewersewer vested in a local authority, or any works rendered necessary as mentioned in the preceding subsection, shall afford to the F5sewer authority reasonable facilities for supervising the execution of the breaking up or opening, or of the works so rendered necessary, as the case may be.
Undertakers executing any code-regulated works which include breaking up or opening a F6public sewersewer vested in a local authority shall be under obligation to reinstate it and make it good:
Provided that this subsection shall be subject to the provisions of subsection (4) of this section (as to election by the sewer authority to execute works themselves).
If undertakers fail to carry out reinstatement and making good in accordance with an obligation to which they are subject by virtue of this subsection, the sewer authority may themselves carry it out.
Where code-regulated works include the breaking up or opening of a F7public sewer, the sewersewer vested in a local authority, the authority may, by notice given to the undertakers as mentioned in this subsection, elect themselves to execute all or any of the following, that is to say—
the breaking up or opening of the sewer,
reinstatement and making good thereof, and
works rendered necessary as mentioned in subsection (1) of this section,
and, where notice of such an election is duly given, the undertakers shall not execute any of the works or reinstatement and making good specified therein, but the sewer authority shall execute them or it:
Provided that the matters to which this subsection is to apply by virtue of such a notice may be varied by agreement between the sewer authority and the undertakers.
A notice of such an election shall be deemed to have been duly given as to works of a kind mentioned in paragraph (a), (b) or (c) of this subsection if the sewer authority had given notice to the undertakers of their desire that the provisions of this subsection should have effect in the case of all works of that kind to be executed in relation to any F8public sewer of theirssewer vested in the authority, but in any other case a notice of such an election must be given—
as regards breaking up or opening, or reinstatement and making good, in a case in which the plan and section of the undertakers’ works are settled without recourse to arbitration, not later than twenty-nine days from the date on which the plan and section were submitted to the authority;
as regards breaking up or opening, or reinstatement and taking good, in a case in which the plan and section are settled by arbitration, not later than the expiration of fifteen days from the date of the award;
as regards works rendered necessary as mentioned in subsection (1) of this section, at the time of the sewer authority’s claiming them to be so rendered necessary by the notice or in the proceedings mentioned in that subsection.
The undertakers shall pay to the sewer authority an amount equal to the cost reasonably incurred by the authority of supervision by them for which the undertakers are required by subsection (2) of this section to afford facilities, or of carrying out reinstatement and making good under subsection (3) thereof, or of executing any works or carrying out any reinstatement and making good pursuant to an election under subsection (4) thereof.
Annotations
Textual amendments
- F1
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(a)(i)
- F2
Words “the sewer vested in the authority” substituted (S.) for words “a public sewer of the authority” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(d)(ii)
- 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
- F4
Words “sewer vested in a local authority” substituted (S.) for words “public sewer” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(b)(i)
- F5
Word “sewer” repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(b)(ii), s. 156, Schs. 10, 11
- F6
Words “sewer vested in a local authority” substituted (S.) for words “public sewer” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(c)
- F7
Words “sewer vested in a local authority, the” substituted (S.) for words “public sewer, the sewer” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(d)(i)
- F8
Words “sewer vested in the authority” substituted (S.) for words “public sewer of theirs” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(13)(d)(ii)
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 Part I
Modifications
- C1
Pt. I (ss. 1-20) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3).