New Roads and Street Works Act 1991

114 Notice of starting date of works. S

(1) An undertaker proposing to begin to execute road works involving—

(a) breaking up or opening the road, or any sewer, drain or tunnel under it, or

(b) tunnelling or boring under the road,

shall give not less than 7 working days’ notice (or such other notice as may be prescribed) F1 ...

(2) Different periods of notice may be prescribed for different descriptions of works [F2 or in cases where the undertaker has been given notice under section 117(1)], and cases may be prescribed in which no notice is required.

[F3 (3A) For the purposes of subsection (1) an undertaker gives notice by—

(a) giving to any relevant authority (not being the road works authority) and to any other person having apparatus in the road which is likely to be affected by the works a notice—

(i) stating the date on which it is proposed to begin the works, and

(ii) containing such other information as may be prescribed, and

(b) entering in the SRWR a copy of that notice.]

(4) Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.

(5) An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding [F4 level 4] on the standard scale.

(6) In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—

(a) to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

(b) to his not knowing the identity or address of—

(i) a relevant authority, or

(ii) the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.

(7) A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of seven working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.

Textual Amendments

F1 Words in s. 114(1) repealed (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(4)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1 (with art. 3) (as amended (5.3.2008) by S.S.I. 2008/90, art. 2)

F2 Words in s. 114(2) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 22(2), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1 (with art. 3) (as amended (5.3.2008) by S.S.I. 2008/90, art. 2)

F3 S. 114(3A) substituted for s. 114(3) (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 19(4)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1 (with art. 3) (as amended (5.3.2008) by S.S.I. 2008/90, art. 2)

F4 Words in s. 114(5) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 3; S.S.I. 2008/15, art. 2(2), sch. 1

Modifications etc. (not altering text)

C1 S. 114 modified (28.11.1992) by S.I. 1992/2990, art.4

S. 114 modified (1. 1. 1993) by Local Government, Planning and Land Act 1980 (c. 65), s. 167(7) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. IV para. 109; S.I. 1992/2990, art. 2(2), Sch.2)

C2 S. 114 applied (with modifications) (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 7(6)(7) (with s. 75)

C3 S. 114 applied (with modifications) (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 7(6)(7) (with ss. 76, 84)

Commencement Information

I1 S. 114 wholly in force: s. 114 in force for the purpose of making regulations at 30.11.1992 and for all other purposes at 1.1.1993, see s. 170 and S.I. 1992/2990, art. 2(1)(2), Schs. 1, 2