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New Roads and Street Works Act 1991

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Changes over time for: Section 81

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Status:

Point in time view as at 27/06/1991. This version of this provision no longer has effect. Help about Status

Changes to legislation:

New Roads and Street Works Act 1991, Section 81 is up to date with all changes known to be in force on or before 06 March 2025. 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. Help about Changes to Legislation

81 Duty to maintain apparatus.E+W

(1)An undertaker having apparatus in the street shall secure that the apparatus is maintained to the reasonable satisfaction of—

(a)the street authority, as regards the safety and convenience of persons using the street (having regard, in particular, to the needs of people with a disability), the structure of the street and the integrity of apparatus of the authority in the street, and

(b)any other relevant authority, as regards any land, structure or apparatus of theirs;

and he shall afford reasonable facilities to each such authority for ascertaining whether it is so maintained.

(2)For this purpose maintenance means the carrying out of such works as are necessary to keep the apparatus in efficient working condition (including periodic renewal where appropriate); and includes works rendered necessary by other works in the street, other than major highway, bridge or transport works (as to which, see sections 84 and 85 below).

(3)If an undertaker fails to give a relevant authority the facilities required by this section—

(a)the street authority may in such cases as may be prescribed, and

(b)any other relevant authority may in any case,

execute such works as are needed to enable them to inspect the apparatus in question, including any necessary breaking up or opening of the street.

(4)If an undertaker fails to secure that apparatus is maintained to the reasonable satisfaction of a relevant authority in accordance with this section—

(a)the street authority may in such cases as may be prescribed, and

(b)any other relevant authority may in any case,

execute any emergency works needed in consequence of the failure.

(5)The provisions of this Part apply in relation to works executed by a relevant authority under subsection (3) or (4) as if they were executed by the undertaker; and the undertaker shall indemnify the authority in respect of the costs reasonably incurred by them in executing the works.

(6)A relevant authority who execute or propose to execute any works under subsection (3) or (4) shall give notice to any other relevant authority as soon as reasonably practicable stating the general nature of the works.

(7)Nothing in subsection (3) or (4) shall be construed as excluding any other means of securing compliance with the duties imposed by subsection (1).

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