(1) A network operator shall not commence or carry out or cause to be commenced or carried out any roadworks unless  -

(a) the operator -

(i) has obtained the prior written consent under subsection (3) of -

(I) in the case of a national road, the NRA, or

(II) in the case of any regional or local road, the road authority, in whose functional area the operator proposes to carry out the roadworks,

or

(ii) is deemed to have been granted consent under subsection (4), where the roadworks are emergency roadworks or under subsection (4A) where that subsection applies,

or

(b)the network operator or any person engaged by the network operator complies with any conditions contained in the consent.

(2) A network operator or a person engaged by the network operator who contravenes subsection (1) commits an offence and is liable -