Section 13 Protection for managers of sewers, drains or tunnels not being public sewers.

England, Wales and Scotland

(1)

Undertakers executing any code-regulated works which include breaking up or opening a sewer, drain or tunnel not being a F1public sewersewer vested in a local authority shall be under obligation to reinstate it and make it good.

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 authority, body or person having the control or management of the sewer, drain or tunnel may themselves carry it out, and the undertakers shall pay to them or him an amount equal to the cost reasonably incurred by them or him of carrying it out.

(2)

The provisions of section twenty-six of this Act as to obligations of undertakers executing works in a F2streetroad or in controlled land in relation to apparatus of other undertakers (therein referred to as owning undertakers) shall have effect in relation to sewers, drains and tunnels not being public sewerssewers vested in local authorities and to authorities, bodies and persons having the management or control thereof, as those provisions have effect in relation to apparatus of owning undertakers and to those undertakers.

Annotations

Textual amendments

F1: 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(14)(a)
F2: Words “roads” and “sewers vested in local authorities” substituted (S.) respectively for words “street” and “public sewers” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(14)(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F1: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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F2: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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 Part I

Modifications

C1: Pt. I (ss. 1-20) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3).