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New Roads and Street Works Act 1991, Section 49 is up to date with all changes known to be in force on or before 24 December 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.
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(1)In this Part “the street authority” in relation to a street means, subject to the following provisions—
(a)if the street is a maintainable highway, the highway authority, and
(b)if the street is not a maintainable highway, the street managers.
(2)In the case of a highway for which the Secretary of State [F1or a strategic highways company] is the highway authority but in relation to which a local highway authority acts as his [F2or its] agent under section 6 of the M1Highways Act 1980, the local highway authority shall be regarded as the street authority for the purposes of section 53 (the street works register) and sections 54 to 60 (advance notice and co-ordination of works).
(3)Subsection (1)(b) has effect subject to section 87 as regards the application of this Part to prospectively maintainable highways.
(4)In this Part the expression “street managers”, used in relation to a street which is not a maintainable highway, means the authority, body or person liable to the public to maintain or repair the street or, if there is none, any authority, body or person having the management or control of the street.
(5)The Secretary of State may by regulations make provision for exempting street managers from provisions of this Part which would otherwise apply to them as the street authority in relation to a street.
(6)References in this Part to the relevant authorities in relation to any works in a street are to the street authority and also—
(a)where the works include the breaking up or opening of a public sewer in the street, the sewer authority;
(b)where the street 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, that authority; and
(c)where in any other case the street is carried or crossed by a bridge, the bridge authority.
Textual Amendments
F1Words in s. 49(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 117(a); S.I. 2015/481, reg. 2(a)
F2Words in s. 49(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 117(b); S.I. 2015/481, reg. 2(a)
Modifications etc. (not altering text)
C1Pt. 3 modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 12(2) (with art. 44, Sch. 15)
C2Pt. 3 modified (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 11(2) (with art. 6, Sch. 10)
C3Pt. 3 modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 13(2) (with art. 40, Sch. 14)
C4Pt. 3 modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 9(1)
C5Pt. 3 applied (with modifications) (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(9) (with arts. 57, 58, Sch. 11 para. 19)
C6Pt. 3 modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(1)(2) (with arts. 57, 58, Sch. 11 para. 19)
C7Pt. 3 modified (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 11(1)(2) (with art. 5)
C8Pt. 3 modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 12(1)(2) (with art. 4)
C9Pt. 3 modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 11(1)(2) (with arts. 4, 50)
C10Pt. 3 modified (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 11(2) (with arts. 5, 53, Sch. 8 paras. 6, 64)
C11Pt. 3 modified (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 12(1)(2) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))
Marginal Citations
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