OpenLegislation

Article 37 No mains or pipesI1

England and Wales

(1)

Subject to paragraph (2), notwithstanding anything contained in the Highways Act 1980f1 or in any other enactment no person shall enter upon, break up or interfere with Works Nos. 3A, 4A, 5 or 6A or the carriageways and footways of the same for the purpose of laying down any main, pipe or wire or executing any work therein, thereon or thereunder, except with the consent of the undertaker and in accordance with such terms or conditions and subject to such charges as the undertaker may determine.

(2)

The consent of the undertaker to the breaking up of and interference with any of the said works or the carriageways and footways of the same for the purposes of laying down water mains, water pipes or electric lines therein shall not be withheld unreasonably and any question which may arise as to whether such consent is so withheld or as to whether the terms and conditions subject to which any such consent is given are reasonable shall be resolved by an arbitrator under article 54.

Annotations

Commencement

I1

Art. 37 in force at 26.8.2005, see art. 1

Footnotes

f1

1980 c. 66.