§ 9 — Power to access common services tunnel

9.—(1) An authorised person may enter any land situated within a common services tunnel area in order —(a)

to carry out any inspection or survey of the common services tunnel within that area or any ancillary facility of such a common services tunnel; and

(b)

to carry out any work and do all things necessary for —(i)

the maintenance and repair of the common services tunnel within that area or any ancillary facility of such a common services tunnel, or both; or

(ii)

the laying, placing, installing, housing, maintenance and repair of utility services infrastructure within the common services tunnel within that area.

(2) For the purposes of subsection (1), an authorised person must not enter any land that is occupied without giving the owner or occupier of the land at least 7 days’ notice of intention to do so unless —(a)

the authorised person is of the opinion that an emergency exists which necessitates immediate entry; or

(b)

the entry is required only for the purpose of an inspection or a survey.

(3) A notice of intention mentioned in subsection (2) —(a)

must describe the purpose of the entry and the nature of any work to be carried out; and

(b)

is, despite section 22, deemed to be given to and received by an owner or occupier of the land if a written notice is affixed to a conspicuous part of the land to be entered.

(4) The authorised person may —(a)

as the occasion requires and without notice, enter and re‑inspect and re‑survey any land in respect of which any of the powers contained in subsection (1) have been exercised; and

(b)

in relation to that land, exercise such powers as often as the occasion may require.

(5) Any authorised person under this section entering any land must, if so required by the owner or occupier of the land, produce evidence of the authorised person’s authority before so entering.

(6) An authorised person is not liable to pay any owner or occupier of any private land any fee, charge or expense on account of any entry to the land or of anything done to the land under this section.

(7) In this section —“authorised person” means —(a)

an authorised officer; or

(b)

any of the following persons authorised in writing by an authorised officer for the purposes of this section:(i)

a public officer;

(ii)

an employee of a public authority;

(iii)

a contractor;

(iv)

a supplier of utility services which utility services infrastructure are, or are required to be, laid, placed, installed or housed within a common services tunnel;

(v)

an employee or agent of a contractor mentioned in sub‑paragraph (iii) or of a supplier of utility services mentioned in sub‑paragraph (iv);

“contractor” means a person appointed or engaged by a CST Authority or a public authority to do one or both of the following:(a)

to carry out inspections or surveys of a common services tunnel or any ancillary facility of a common services tunnel;

(b)

to carry out work, and do all things necessary, for the maintenance and repair of a common services tunnel or any ancillary facility of a common services tunnel.

—(1) An authorised person may enter any land situated within a common services tunnel area in order —(a)

to carry out any inspection or survey of the common services tunnel within that area or any ancillary facility of such a common services tunnel; and

(b)

to carry out any work and do all things necessary for —(i)

the maintenance and repair of the common services tunnel within that area or any ancillary facility of such a common services tunnel, or both; or

(ii)

the laying, placing, installing, housing, maintenance and repair of utility services infrastructure within the common services tunnel within that area.

(2) For the purposes of subsection (1), an authorised person must not enter any land that is occupied without giving the owner or occupier of the land at least 7 days’ notice of intention to do so unless —(a)

the authorised person is of the opinion that an emergency exists which necessitates immediate entry; or

(b)

the entry is required only for the purpose of an inspection or a survey.

(3) A notice of intention mentioned in subsection (2) —(a)

must describe the purpose of the entry and the nature of any work to be carried out; and

(b)

is, despite section 22, deemed to be given to and received by an owner or occupier of the land if a written notice is affixed to a conspicuous part of the land to be entered.

(4) The authorised person may —(a)

as the occasion requires and without notice, enter and re‑inspect and re‑survey any land in respect of which any of the powers contained in subsection (1) have been exercised; and

(b)

in relation to that land, exercise such powers as often as the occasion may require.

(5) Any authorised person under this section entering any land must, if so required by the owner or occupier of the land, produce evidence of the authorised person’s authority before so entering.

(6) An authorised person is not liable to pay any owner or occupier of any private land any fee, charge or expense on account of any entry to the land or of anything done to the land under this section.

(7) In this section —“authorised person” means —(a)

an authorised officer; or

(b)

any of the following persons authorised in writing by an authorised officer for the purposes of this section:(i)

a public officer;

(ii)

an employee of a public authority;

(iii)

a contractor;

(iv)

a supplier of utility services which utility services infrastructure are, or are required to be, laid, placed, installed or housed within a common services tunnel;

(v)

an employee or agent of a contractor mentioned in sub‑paragraph (iii) or of a supplier of utility services mentioned in sub‑paragraph (iv);

“contractor” means a person appointed or engaged by a CST Authority or a public authority to do one or both of the following:(a)

to carry out inspections or surveys of a common services tunnel or any ancillary facility of a common services tunnel;

(b)

to carry out work, and do all things necessary, for the maintenance and repair of a common services tunnel or any ancillary facility of a common services tunnel.