(1)Subject to subsections (3) and (5) below, the roads authority may permit, subject to such reasonable conditions as they consider appropriate (including, without prejudice to the generality of this subsection, conditions as to future cessation or withdrawal of the permission and indemnification of the authority against claims arising out of what is so permitted), a person to place and leave, or to retain, and thereafter (in either case) to maintain, repair and reinstate, apparatus in or under a public road or proposed public road and to break open, and to have access to, the road or proposed road, for those purposes [F1; and such permission shall be in writing].
(2)In subsection (1) above, “proposed public road” means a new road in course of construction by or on behalf of the roads authority.
(3)Before giving permission under subsection (1) above, the roads authority shall give not less than 28 days notice of their intention so to do to any other person whose apparatus is, or plans for the installation of apparatus are, likely to be affected by the works which would thereby be authorised.
(4)[F2Works carried out by a person in pursuance of permission under subsection (1) above are not][F3road works within the meaning of section 107 of the New Roads and Street Works Act 1991].
(5)Subsection (1) above does not apply to the apparatus of statutory undertakers or of local authorities [F4nor does it apply to apparatus in respect of which permission has been granted under section 109 of the New Roads and Street Works Act 1991 to execute road works].
Textual Amendments
F1Words in s. 61(1) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 87(a); S.I. 1992/2990, art. 2(2), Sch. 2
F2Words in s. 61(4) substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 30, Sch. 17 paras. 33, 35(1)
F3Words in s. 61(4) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 87(b); S.I. 1992/2990, art. 2(2), Sch. 2
F4Words in s. 61(5) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 87(c); S.I. 1992/2990, art. 2(2), Sch. 2
Modifications etc. (not altering text)
C1S. 61 power to contract out functions of the Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(q)