Public Utilities Street Works Act 1950 (repealed 1.1.1993)

27 Power to prohibit or restrict traffic on ground of execution of works, and liability of undertakers for cost of use of alternative route. E+W+S

[F1 (1) In subsection (1) of section forty-seven of the Road Traffic Act, 1930 (which empowers the authority responsible for the maintenance thereof to restrict or prohibit the use of a road or part of a road by vehicles where they are satisfied that traffic on the road should be restricted or prohibited by reason of works of repair or reconstruction being required or being in progress on the road), for the words “works of repair or reconstruction being required or being in progress”, there shall be substituted the words “any works being executed or proposed to be executed”.]

[F2 (2) Where by reason of undertakers’ works (other than works for purposes of a railway undertaking or a tramway undertaking) the use of a road is restricted or prohibited under the said section forty-seven or under any other enactment, and the traffic restricted or prohibited uses as an alternative route a road of a lower classification, the authority, body or person executing the works shall pay to the [F3 roads authority (if the latter road is a public road) or to the road] managers (if it is not) an amount equal to any cost reasonably incurred by the authority or managers of—

(a) strengthening the latter road, in so far as the strengthening is done with a view to, and is necessary for, the use thereof by the traffic in question; or

(b) making good any damage to the latter road occurring in consequence of the use thereof by the traffic in question.

(3) For the purposes of the last preceding subsection the order of classification of roads, from higher to lower, shall be taken to be the following, that is to say, trunk roads, classified roads . . . F4 , and roads being neither trunk roads nor classified roads.]

(4) This section shall come into operation at the expiration of six months from the passing of this Act.

Textual Amendments

F1 S. 27(1) repealed (E.W.) by Road Traffic Act 1960 (c. 16, SIF 107:1), s. 267, Sch. 18

F2 S. 27(2)(3) repealed (E.W.) by Highways Act 1959 (c. 25, SIF 59), Sch. 25

F3 Words substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(23)

F4 Words repealed by Local Government (Scotland) Act 1966 (c. 51), Sch. 6

Modifications etc. (not altering text)

C1 Reference to s. 47 of the Road Traffic Regulation Act 1930 (c. 43) to be construed as mentioned in Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 144(1), Sch. 10 para. 2