General requirements as to execution of street works

Avoidance of unnecessary delay or obstruction

26.—(1) An undertaker executing street works which involve—

(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

shall carry on and complete the works with all such dispatch as is reasonably practicable.

(2) An undertaker who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Where an undertaker executing any street works creates an obstruction in a street to a greater extent or for a longer period than is reasonably necessary, the street authority may by notice require him to take such reasonable steps as are specified in the notice to mitigate or discontinue the obstruction.

(4) If the undertaker fails to comply with such a notice within 24 hours of receiving it, or any longer period specified in the notice, the street authority may take the necessary steps and recover from him the costs reasonably incurred by it in doing so.