The Act Undertakers
516.The duties imposed on undertakers merit specific discussion.
517.The new section 114A being inserted into the 1991 Act requires undertakers to give a notice of the date when the works actually began to other persons who have apparatus in the road in question. The undertaker must also enter a copy of the notice in the SRWR. This replicates the position in section 114 of the 1991 Act for proposed works. In practical terms, it means the same people should get notice that works are proposed and a further notice on or shortly after commencement of the works. Failure to give this new second notice is a criminal offence carrying a penalty of a fine up to level 3 (currently £1,000) on the standard scale. (Starting work without having given notice under section 114 is also offence, and carries a penalty of a fine of up to level 4 on the standard scale (currently £2,500).)
518.As with section 114 of the 1991 Act, a person who doesn’t give a notice has a defence to criminal proceedings where they did not know that another person had apparatus in the ground (having made appropriate inquiries to check that).