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33A.—(1) In prescribed circumstances, the street authority for a street may by notice (a “re-surfacing notice”) require an undertaker within paragraph (2) to execute such re-surfacing works in the street as may be specified in the notice.
(2) An undertaker is within this paragraph if—
(a)he has given notice under Article 14 or 15 of, or made a notification under paragraph 2(1)(d) of Schedule 1A in respect of, proposed street works,
(b)he is executing street works, or
(c)he has, within such period ending with the giving of the notice as may be prescribed (or if no period is prescribed, at any time), executed street works,
and the works will involve, involve or (as the case may be) involved the breaking up of any part of the street.
(3) The works specified in the re-surfacing notice may relate to any part of the street (including any part not, and not to be, broken up by the undertaker); but regulations may restrict the extent of the works that may be so specified.
(4) The re-surfacing notice relieves the undertaker to the extent (if any) specified in the notice of his duty under Article 30 to reinstate the surface of the street; but regulations may restrict the circumstances in which and the extent to which undertakers may be relieved of that duty.
(5) The street authority may by notice to the undertaker vary or withdraw a re-surfacing notice; but regulations may restrict the circumstances in which notices may be varied or withdrawn.
(6) A street authority may give a re-surfacing notice notwithstanding that the authority (in any capacity) is under a duty to undertake any of the works specified in the notice.
(7) In this Order—
“re-surfacing notice” has the meaning given by paragraph (1);
“re-surfacing works” means any works relating to the replacement of the surface of any part of a street;
“surface” includes a paved surface.
(8) The reference in paragraph (2)(c) to the execution of street works is a reference to the execution of such works after the commencement of this Article (whether or not regulations under it have been made).]
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