Duty to inspect records13A

1

The Department may make provision by regulations requiring an undertaker proposing to execute street works of a prescribed description to inspect prescribed statutory records before commencing the street works.

2

The regulations may provide for the manner in which an inspection of any statutory records is to be carried out.

3

The regulations may prescribe evidence which may be relied on by the undertaker to demonstrate that he has carried out an inspection required by the regulations.

4

The regulations may in particular require the undertaker—

a

to be in possession of prescribed evidence before commencing the street works; and

b

to produce, in such manner as may be prescribed, prescribed evidence to the street authority either at the request of the authority or at or by such time as may be prescribed.

5

The regulations may provide for the cases or circumstances in which a requirement under paragraph (1) or (4) does or does not apply.

6

The regulations may create a summary offence, punishable with a fine not exceeding level 5 on the standard scale, in respect of any contravention by an undertaker of a requirement of the regulations.

7

In this Article “statutory record” means any register or other record kept in pursuance of a requirement imposed by—

a

a statutory provision; or

b

a licence or other instrument having effect under or by virtue of a statutory provision.