New Roads and Street Works Act 1991

Status:

Point in time view as at 08/09/2022. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

New Roads and Street Works Act 1991, Section 57 is up to date with all changes known to be in force on or before 29 November 2024. 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

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

57 Notice of emergency works.E+W

(1)Nothing in section 54 (advance notice), section 55 (notice of starting date) or section 56 (directions as to timing of works) [F1or paragraph 2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or directions as to timings of works)] affects the right of an undertaker to execute emergency works.

(2)An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is [F2(or would, but for paragraph 2(6) of Schedule 3A, be)] required by section 55, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun, to the persons to whom notice would be required to be given under that section.

(3)The notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.

(4)An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding [F3level 4] on the standard scale.

(5)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.

Textual Amendments

F1Words in s. 57(1) inserted (1.4.2008) by Traffic Management Act 2004 (c. 18), ss. 52(3)(a), 99(1); S.I. 2007/1890, art. 2, Sch.; S.I. 2007/3174, art. 2, Sch.