Section 18 Liabilities of undertakers to street and bridge authorities or managers.
England, Wales and Scotland
If by the execution lawfully of code-regulated works in a F1streetroad damage is caused to property of the F2streetroads authority or streetroad managers in the streetroad, or, in the case of such works in a streetroad which is carried by or goes under a bridge, to the bridge, the undertakers shall pay compensation to the streetroads authority or managers, or to the bridge authority or managers, equal to the expense reasonably incurred by them of making good the damage to that property or to the bridge, as the case may be:
Provided that undertakers shall not be liable by virtue of this subsection in respect of any damage if it would not have been sustained but for misconduct or negligence on the part of the authority or managers or their contractors or any person in the employ of the authority or managers or their contractors.
If any nuisance is caused—
by the execution of code-regulated works, or
by explosion, ignition or discharge of, or any other event occurring to, gas, electricity, water or any other thing required for the purposes of a supply or service afforded by any undertakers which at the time of or immediately before the event in question was in apparatus of those undertakers the placing or maintenance of which was or is a code-regulated work, or which had been in such apparatus before the time of that event and had escaped therefrom in circumstances which contributed to its occurrence.
nothing in the enactment which confers the relevant power to which section one of this Act applies or in any enactment which regulates the exercise of that power, and, if the works or the apparatus, as the case may be, are in controlled land, nothing in the relevant authorisation given under the First Schedule to this Act, shall exonerate the undertakers from any action or other proceeding at the suit either—
if the works or the apparatus, as the case may be, are in a streetroad which is carried by or goes under a bridge, of the bridge authority or managers.
The preceding provisions of this section shall not confer any rights on a transport authority (as to whom the provisions of the next succeeding section shall have effect to the exclusion of the preceding provisions of this section).
Subject to the provisions of section thirty-two of this Act the preceding provisions of this section shall not exonerate undertakers from any liability to which they are subject apart from the preceding provisions of this section, whether to a F5street authority or streetroads authority or road managers, to a bridge authority or managers or to any other person.
Annotations
Textual amendments
- F1
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(17)(a)
- F2
Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(17)(a)
- F3
Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(17)(b)
- F4
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(17)(b)
- F5
Words “roads authority or road” substituted (S.) for words “street authority or street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(7)(c)
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).