PART 2WORKS PROVISION

Power to survey and investigate land15

1

The undertaker may for the purposes of this Order and subject to subparagraph (2)—

a

survey or investigate any land which may be affected by the authorised works;

b

make trial holes on the land in such positions as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

c

place on, leave on or remove from the land apparatus for use in connection with the survey or investigation of the land or making of trial holes; and

d

enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (c) above.

2

Before exercising any of the powers conferred by subparagraph (1), the undertaker shall—

a

serve on every owner and occupier of the land a notice giving at least 7 days' notice of the proposal to exercise that power; and

b

obtain the consent of the street authority in respect of trial holes to be made in any carriageway or footway.

3

Any person entering land under this article on behalf of the undertaker—

a

shall, if so required before or after entering the land, produce written evidence of his authority to do so; and

b

may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

4

The undertaker shall compensate the owners and occupiers of the land for any damage occasioned by the exercise of the powers conferred by this article.

5

In the case of dispute, the compensation referred to in sub-paragraph (4) shall be determined under Part I of the 1961 Act.