18Open conduits

18 Open conduits

(1)  The powers conferred by sections 10 and 17 may be used by the undertakers to make open conduits but not so as sensibly to obstruct passengers and traffic in a highway.

(2)  Where such conduits are in a highway they shall be, and be kept, securely fenced, if the highway authority so requires, and bridged wherever a frontager reasonably requires a bridge for access from the highway to his land.

(3)  Where such conduits are on private land they shall be, and be kept, securely fenced, if the owner so requires, and bridged as provided in subsection (5) .

(4)  Fences erected by the undertakers pursuant to subsection (3) shall be deemed to be works, and under the control, of the undertakers and their materials, if removed, become chattels of the undertakers.

(5)  Bridges required by subsection (3) shall be –

(a) bridges agreed upon by the owner and the undertakers to be made by the undertakers when the conduit is made either as part of, or in lieu of, compensation under section 20 ; or

(b) bridges subsequently required by the owner and built at his expense.

(6)  Where there are open conduits on private land, the occupier of the land is liable in damages to the undertakers for any harm done to the banks or bed of such a conduit by livestock.

(7)  In this section fence includes any gate, cattle grid, or movable section associated with a fence.