Section 8 Requirements as to safety, obstruction, etc., to be observed in execution of works.

England, Wales and Scotland

(1)

Undertakers who are executing or have executed any code-regulated works shall secure at their expense that the following requirements are observed during and in connection with the execution of the works and of reinstatement and making good thereafter under the provisions of this Act in that behalf, that is to say—

(a)

that, so long as the F1streetroad or controlled land is open or broken up (except in a place to which the public have no right of access and are not permitted to have access), it is adequately fenced and guarded, and lighted in such manner as to give proper warning to the public during the hours of darkness for the purposes of F2the Road Transport Lighting Act, 1927;

(b)

that traffic signs (within the meaning of section forty-eight of the M1Road Traffic Act 1930) are placed and, where so directed, operated . . . F3, in accordance with any directions in that behalf which may be given by the authority having power under that section to cause such signs to be placed, so however that any such directions shall be subject to any . . . directions given by the Minister under . . . the said section forty-eight, and may be cancelled or modified by the Minister if he is satisfied that they are not reasonably required for the guidance or direction of persons using the street;

(c)

that no greater width or length of any streetroad or controlled land than is reasonably necessary is open or broken up at any one time;

(d)

that there is no greater obstruction of traffic on any streetroad or interference with the normal use of controlled land than is reasonably necessary; and

(e)

that any spoil or other material not required for the execution of the works or of the reinstatement and making good is carried away as soon as is reasonably practicable.

(2)

Without prejudice to the generality of the requirement as to lighting imposed by paragraph (a) of the preceding subsection, it shall include a requirement to comply with any regulations made by the Minister in that behalf.

The power to make regulations for the purposes of this subsection shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

If undertakers fail to satisfy an obligation to which they are subject by virtue of subsection (1) of this section they shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds in respect of each day of such failure.

(4)

If undertakers fail to satisfy an obligation to which they are subject by virtue of subsection (1) of this section as regards any requirement mentioned in paragraph (a), (b) or (e) thereof, the F4streetroads authority or managers may do anything needed for securing observance of that requirement and the undertakers shall pay to the authority or managers an amount equal to any cost reasonably incurred by them of so doing.

(5)

Subsection (1) of this section shall have effect subject to the provisions of paragraph (b) of subsection (5) of section ten of this Act, and of paragraph 6 of the Third Schedule thereto, as to cases in which works or reinstatement and making good are executed by a transport authority or a F5streetroads authority or F6streetroad managers.

Annotations

Textual amendments

F1: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(9)(a)
F2: The words “section 68 of the Road Traffic Act 1972” were substituted by virtue of the Road Traffic Act 1972 (c. 20, SIF 107:1), Sch. 10 para. 3 and Road Traffic Act 1974 (c. 50, SIF 107:1), s. 9(4)(b); those enactments have been repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 Pt. I; the original words were “the Road Transport Lighting Act, 1927” and the Interpretation Act 1978 (c. 30), s. 17(2)(a) applies to their construction accordingly.
F3: Words repealed by Road Traffic Act 1956 (c. 67), Sch. 9
F4: Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(9)(b)
F5: Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(9)(c)
F6: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(9)(c)

Marginal citations

M1: 1930 c. 43(108).

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).