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Changes over time for: Cross Heading: Obligation of licensee to indemnify street authority


Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 29/12/2022.
Changes to legislation:
New Roads and Street Works Act 1991, Cross Heading: Obligation of licensee to indemnify street authority is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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Obligation of licensee to indemnify street authorityE+W
8(1)The licensee under a street works licence shall indemnify the street authority against any claim in respect of injury, damage or loss arising out of—E+W
(a)the placing or presence in the street of apparatus to which the licence relates, or
(b)the execution by any person of any works authorised by the licence;
and the former licensee shall indemnify the street authority against any claim in respect of injury, damage or loss arising out of the execution by the authority or the licensee of any works under paragraph 7.
(2)The liability of a licensee or former licensee under this paragraph arises—
(a)whether or not the damage or loss is attributable to negligence on their part or on the part of any person for whom they are responsible, and
(b)notwithstanding that they are acting in pursuance of a statutory duty.
(3)However, their liability does not extend to damage or loss which is attributable to misconduct or negligence on the part of—
(a)the street authority or a person for whom the authority are responsible, or
(b)a third party, that is, a person for whom neither the licensee or former licensee nor the authority are responsible.
(4)For the purposes of this paragraph the persons for whom a person is responsible are his contractors and any person in his employ or that of his contractors.
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