- Latest available (Revised)
- Original (As enacted)
New Roads and Street Works Act 1991, Section 109 is up to date with all changes known to be in force on or before 23 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A road works authority may grant permission in writing, subject to such reasonable conditions as they consider appropriate, to persons to whom this section applies—
(a)to place, or to retain, apparatus in a road, and
(b)thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it,
and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the road, or any sewer, drain or tunnel under it, or tunnelling or boring under the road).
(2)A person to whom permission has been granted under this section to execute works may do so without obtaining any consent which would otherwise be required to be given—
(a)by any other relevant authority in its capacity as such, or
(b)by any person in his capacity as the owner of apparatus affected by the works;
but without prejudice to the provisions of this Part as to the making of requirements by any such authority or person or as to the settlement of a plan and section and the execution of the works in accordance with them.
(3)The granting of permission under this section to a person does not dispense that person from obtaining any other consent, licence or permission which may be required; and it does not authorise the installation of apparatus for the use of which the licence of the Secretary of State is required unless and until that licence has been granted.
(4)This section applies to persons who are described in one or more of the following paragraphs—
(a)persons of a prescribed class,
(b)persons carrying out works of a prescribed class,
(c)persons carrying out works in a prescribed area.
(5)The conditions referred to in subsection (1) may include conditions as to—
(a)the payment of fees,
(b)the future cessation or withdrawal of the permission, and
(c)indemnification of the authority against claims arising out of what is permitted.
(6)Before granting permission under this section the road works authority shall give not less than 10 working days’ notice to each of the following—
(a)where the works are likely to affect [F1a public sewer, Scottish Water;]
(b)where the works are to be executed in a part of a road which is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,
(c)where in any other case the part of the road in which the works are to be executed is carried or crossed by a bridge, to the bridge authority,
(d)to any person who has given notice under section 113 (advance notice of certain works) of his intention to execute road works which are likely to be affected by the works to which the permission relates, and
(e)to any person having apparatus in the road which is likely to be affected by the works;
but a failure to do so does not affect the validity of the permission.
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 109(6)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp. 3), s. 71, Sch. 7 para. 21(3) (with s. 67); S.S.I. 2002/118, art. 2
F2S. 109(7)(8) repealed (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 114(2), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch.
Modifications etc. (not altering text)
C1S. 109: power to contract out functions of the Secretary of State conferred (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 6(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: