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     2. If an undertaker has failed to afford the street authority the facilities required by Article 41(1) of the Order in relation to relevant apparatus the street authority may, where it has reasonable cause to believe, by reason of subsidence or disturbance of the road surface, that the undertaker's apparatus has not been maintained as required by that sub-paragraph, execute such works as are needed to enable it to inspect the apparatus.

     3. The street authority may execute any emergency works needed in consequence of the failure of an undertaker to secure that its relevant apparatus is maintained to the satisfaction of the street authority as required by Article 41(1) of the Order where it has made such an inspection in accordance with regulation 2 and has found that such apparatus has not been so maintained.



Sealed with the Official Seal of the Department for Regional Development on


26th November 2001.

L.S.

J. Carlisle
A senior officer of the Department for Regional Development

[2] S.I. 1995/3210 (N.I. 19)back

[3] S.R. 1999 No. 481 Article 6(d) and Schedule 4 Part IVback

  © Crown copyright 2001