Part 4

Street works

Records and information

Duty to inspect records
48
After section 53 of the 1991 Act (the street works register) there is inserted—

Duty to inspect records
53A
1
The Secretary of State 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 subsection (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 section “statutory record” means any register or other record kept in pursuance of a requirement imposed by—
a
an enactment; or
b
a licence or other instrument having effect under or by virtue of an enactment.