New Roads and Street Works Act 1991

131 Powers of road works authority in relation to reinstatement. S

(1) The road works authority may carry out such investigatory works as appear to them to be necessary to ascertain whether an undertaker has complied with his duties under this Part with respect to reinstatement.

If such a failure is disclosed, the undertaker shall bear the cost of the investigatory works; if not, the road works authority shall bear the cost of the investigatory works and of any necessary reinstatement.

(2) Where an undertaker has failed to comply with his duties under this Part with respect to reinstatement, he shall bear the cost of—

(a) a joint inspection with the road works authority to determine the nature of the failure and what remedial works need to be undertaken,

(b) an inspection by the authority of the remedial works in progress, and

(c) an inspection by the authority when the remedial works have been completed.

(3) The road works authority may by notice require an undertaker who has failed to comply with his duties under this Part with respect to reinstatement to carry out the necessary remedial works within such period [F1 , not being shorter than such period as may be prescribed,] as may be specified in the notice.

If he fails to comply with the notice, the authority may carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.

[F2 (3A) Different minimum periods may be prescribed under subsection (3) for different descriptions of remedial works; and cases may be so prescribed in which no minimum period applies.]

(4) If it appears to the road works authority that a failure by an undertaker to comply with his duties under this Part as to reinstatement is causing danger to users of the road, the authority may carry out the necessary works without first giving notice and may recover from him the costs reasonably incurred by them in doing so.

They shall, however, give notice to him as soon as reasonably practicable stating their reasons for taking immediate action.

Textual Amendments

F1 Words in s. 131(3) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 29(1)(a), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

F2 S. 131(3A) inserted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), ss. 29(1)(b), 54(2); S.S.I. 2008/15, art. 2(2), sch. 1

Modifications etc. (not altering text)

C1 S. 131: power to contract out functions of the Secretary of State conferred (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 6(h)