Part IV U.K. Road works in Scotland

Modifications etc. (not altering text)

C1 Pt. 4 (ss. 107-165) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 101(3); S.I. 1992/2990, art. 2(2), Sch.2)

Provisions with respect to particular authorities and undertakings S

148 Sewers. S

(1) An undertaker proposing to execute road works affecting a sewer vested in a [F1 sewerage] authority shall consult that authority before giving notice under section 114 (notice of starting date) in relation to the works.

(2) References in this Part to apparatus include a sewer, drain or tunnel.

[F2 (3) References in this Part to an undertaker having apparatus shall, where the apparatus is a sewer, drain or tunnel, be construed—

(a) in the case of apparatus vested in a sewerage authority, as references to that authority; and

(b) in any other case, as references to the authority, body or person having the management or control of the apparatus.]

(4) Section 128 (provisions as to works likely to affect other apparatus in the road) does not apply by virtue of subsection (2) above in relation to works likely to affect a sewer vested in a [F1 sewerage] authority if, or to the extent that, Schedule 6 (works in roads with special engineering difficulties) applies.

Textual Amendments

F1 Words in s. 148(1) and (4) substituted (1.4.1996) by 1994 c. 39 s. 180(1), Sch. 13 para. 168(4)(a); S.I. 1996/323 art. 4(c)

F2 S. 148(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 168(4)(b); S.I. 1996/323 art. 4(c)