New Roads and Street Works Act 1991

71 Materials, workmanship and standard of reinstatement. E+W

(1) An undertaker executing street works shall in reinstating the street comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.

(2) He shall also ensure that the reinstatement conforms to such performance standards as may be prescribed—

(a) in the case of interim reinstatement, until permanent reinstatement is effected, and

(b) in the case of permanent reinstatement, for the prescribed period after the completion of the reinstatement.

This obligation is extended in certain cases and restricted in others by the provisions of section 73 as to cases where a reinstatement is affected by subsequent works.

(3) Regulations made for the purposes of this section may make different provision in relation to different classes of excavation and different descriptions of street, and in relation to interim and permanent reinstatement.

(4) The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsections (1) and (2); and regulations made for the purposes of this section may provide that—

(a) so far as an undertaker complies with such a code of practice he shall be taken to comply with his duties under this section; and

(b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with those duties.

(5) An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding [F1 level 5] on the standard scale.

Textual Amendments

F1 Words in s. 71(5) substituted (4.10.2004 for E.) 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)