New Roads and Street Works Act 1991

55 Notice of starting date of works.E+W

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

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

(b)tunnelling or boring under the street,

shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.

(2)Different periods of notice may be prescribed for different descriptions of works, [F1or in cases where the undertaker has been given notice under section 58(1),] and cases may be prescribed in which no notice is required.

(3)The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.

(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 [F2level 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 7 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.

[F3(8)If a notice under this section ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this section was required to be given.

(9)An undertaker who fails to give notice in accordance with subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.]

Textual Amendments

F1Words in s. 55(2) inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 1.4.2008 for E. in so far as not already in force, 1.4.2008 for W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 51(9), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 6); S.I. 2007/3174, art. 2, Sch. (with art. 7)

F2Words in s. 55(5) substituted (4.10.2004 for E., 26.11.2007 for W.) by Traffic Management Act 2004 (c. 18), ss. 40(1)(2), 99(1), Sch. 1; S.I. 2004/2380, art. 2(d)(i) (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 4)

F3S. 55(8)(9) inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 1.4.2008 for E. in so far as not already in force, 1.4.2008 for W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 49(2), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 5); S.I. 2007/3174, art. 2, Sch. (with art. 6)

Modifications etc. (not altering text)

C23S. 55 applied (4.4.1996) by S.I. 1996/937, art. 8(4)(5)

S. 55 applied (13.1.1999) by S.I. 1998/3269, art. 4(2)(3)(4)

S. 55 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 55 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 55 applied (10.2.1997) by S.I. 1997/264, art. 8(6)(7)

S. 55 applied with modifications (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

C24S. 55 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 55 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 55 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 55 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 55 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 55 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)(4)

S. 55 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 55 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 55 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C33S. 55 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(9)(10) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C36S. 55 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(3)(4) (with art. 52)

C41S. 55 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C42S. 55 applied (with modifications) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 8(2)(3) (with arts. 46-48, Sch. 6 para. 23)

C89S. 55 applied (with modifications) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 10(2)(3) (with art. 26(2))

C100S. 55(1)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(c)

Commencement Information

I1S. 55 wholly in force: s. 55 in force for the purpose of making regulations at 28.11.1992, and for all other purposes at 1.1.1993, see s. 170 and S.I. 1992/2984, art. 2, Schs. 1, 2