Part III Miscellaneous and General
41 Breaking open of streets, etc.
Subject to the provisions of the F1Part IV of the New Roads and Street Works Act 1991, F2Scottish Water or any other person may, for the purpose of taking any action or executing work authorised or required by this Act in relation to sewers F3 , SUD systems , drains or sewage treatment works, break open F4any road, any bridge carrying a road, and any cellar F5, vault, sewer, drain or tunnel in or under a road, and may remove and use the soil or other materials in or under any such F6road:
Provided that F7Scottish Water or, as the case may be, that person shall, in the exercise of the powers conferred by this section, cause as little inconvenience and do as little damage as may be, and for any damage done shall pay compensation to be determined, in case of dispute, by the sheriff summarily, whose decision in the matter shall be final.