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GAS SUPPLY ACT 1996 - SECT 50A
Excavation work affecting gas works
50A Excavation work affecting gas works
(1) This section applies if a network operator has reasonable cause to believe
that the carrying out or proposed carrying out of excavation work in, on or
near its gas works-- (a) could destroy, damage or interfere with those works,
or
(b) could make those works become a potential risk to public safety.
(2)
In those circumstances, a network operator may serve a written notice on the
person carrying out or proposing to carry out the excavation work requiring
the person-- (a) to modify the excavation work, or
(b) not to carry out the
excavation work, but only if the network operator is of the opinion that
modifying the excavation work will not be effective in preventing the
destruction or damage of, or interference with, the gas works concerned or in
preventing those works becoming a potential risk to public safety.
(3) A
notice under subsection (2) must specify the excavation work that is to be
modified or not carried out.
(4) A network operator may recover the following
costs in a court of competent jurisdiction as a debt owed to it by a person
who carried out excavation work the subject of a notice under subsection (2)--
(a) the costs incurred in replacing any of the network operator's gas works
destroyed by the excavation work,
(b) the costs incurred in repairing any
damage to the network operator's gas works caused by the excavation work,
(c)
the costs incurred in remedying or mitigating any interference with the
network operator's gas works caused by the excavation work.
(5) A network
operator may apply for an injunction to prevent the carrying out of excavation
work in, on or near its gas works.
(6) A network operator may take action
under this section even if the person carrying out the excavation work owns or
occupies the land in, on or over which the network operator's gas works are
situated.
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