Section 41 Breaking open of streets, etc.C1

Scotland

Subject to the provisions of the F1Part IV of the New Roads and Street Works Act 1991, F2Scottish Water or any other person may, for the purpose of taking any action or executing work authorised or required by this Act in relation to sewers F3 , SUD systems , drains or sewage treatment works, break open F4any road, any bridge carrying a road, and any cellar F5, vault, sewer, drain or tunnel in or under a road, and may remove and use the soil or other materials in or under any such F6road:

Provided that F7Scottish Water or, as the case may be, that person shall, in the exercise of the powers conferred by this section, cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by the sheriff summarily, whose decision in the matter shall be final.

Annotations

Textual amendments

F1: Words in s. 41 substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part IV para. 103(2); S.I. 1992/2990, art. 2(2), Sch. 2
F2: Words in s. 41 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 36(a) (with s. 67); S.S.I. 2002/118, art. 2
F3: Words in s. 41 inserted (30.11.2007) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), s. 38(1), Sch. 3 para. 19; S.S.I. 2007/512, art. 2(c)
F4: Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(4)(a)
F5: Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(4)(b)
F6: Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 64(4)(c)
F7: Words in s. 41 substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71, Sch. 5 para. 36(b) (with s. 67); S.S.I. 2002/118, art. 2

Modifications

C1: S. 41 applied with modifications (1.4.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 45(10); S.I. 1992/266, art. 3.