Controlled works in a road near to apparatus
5.—(1) The following provisions of this paragraph apply where a licence holder requires to carry out any controlled works in a road near to—
(a)any electric lines or electrical plant of any other licence holder; or
(b)any telecommunication apparatus which is operated by a person to whom the telecommunications code applies; and
(c)any other apparatus belonging to or under the jurisdiction or control of a government department or other person (not being a licence holder).
(2) The licence holder shall, unless it is otherwise agreed between the parties or the works are emergency works, serve on the other licence holder, the person to whom the telecommunications code applies, the government department or the other person, as the case may require, (in this paragraph referred to as “the owners”) not less than 7 working days' notice before commencing the works and the owners shall be entitled to superintend the work.
(3) The licence holder shall—
(a)comply with any reasonable requirements made by the owners—
(i)for protecting from damage; and
(ii)for securing access to,
the owners' electric lines, electrical plant, telecommunication apparatus or other apparatus; and
(b)if required by the owners, repair any damage that may be done.
(4) Where the licence holder finds it necessary to undermine but not alter the position of any owners' electric line, electrical plant, telecommunication apparatus or other apparatus he shall temporarily support it in position during the execution of the works, and before completion provide a suitable and proper foundation for it where so undermined.
(5) Where a licence holder lays any electric line crossing or liable to touch any apparatus belonging to the Department of the Environment or to any gas undertaking, the conducting portion of the electric line shall be effectively insulated in a manner approved by the Department, and the licence holder shall not, except with the consent of the Department of the Environment or, as the case may be, the gas undertaking, and of the Department—
(a)lay the electric lines so as to come into contact with the apparatus; or
(b)use the apparatus in connection with the supply of electricity.
(6) Any question arising under this paragraph shall, in default of agreement, be determined by arbitration.
(7) A licence holder shall do as little damage as possible in the exercise of the powers conferred by this paragraph and shall make compensation for any damage done in the exercise of those powers.
(8) If the licence holder commences the execution of any works in contravention of sub-paragraph (2), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.