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Change 1
As published
56 Power to give directions as to timing of street works.
(1) If it appears to the street authority—
(a) that proposed street works are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not be carried out.
(1A) Where it appears to a street authority—
(a) that subsisting street works are causing or are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.
(2) The procedure for giving a direction shall be prescribed by the Secretary of State.
(3) An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3A) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.
(4) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.
Your change, as a redline
56 Power to give directions as to timing of street works.
(1) If it appears to the street authority—
(a) that proposed street works are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not be carried out.
(1A) Where it appears to a street authority—
(a) that subsisting street works are causing or are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.
(2) The procedure for giving a direction shall be prescribed by the Secretary of State.
(3) An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3A) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.
(4) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.
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