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New Roads and Street Works Act 1991, Section 51 is up to date with all changes known to be in force on or before 23 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)It is an offence for a person other than the street authority—
(a)to place apparatus in a street, or
(b)to break up or open a street, or a sewer, drain or tunnel under it, or to tunnel or bore under a street, for the purpose of placing, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or of changing the position of apparatus or removing it,
otherwise than in pursuance of a statutory right or a street works licence.
(2)A person committing an offence under this section is liable on summary conviction to a fine not exceeding [F1level 5] on the standard scale.
(3)This section does not apply to works for road purposes or to emergency works of any description.
(4)If a person commits an offence under this section, the street authority may—
(a)in the case of an offence under subsection (1)(a), direct him to remove the apparatus in respect of which the offence was committed, and
(b)in any case, direct him to take such steps as appear to them necessary to reinstate the street or any sewer, drain or tunnel under it.
If he fails to comply with the direction, the authority may remove the apparatus or, as the case may be, carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.
Textual Amendments
F1Words in s. 51(2) substituted (4.10.2004 for E., 26.11.2007 for W.) 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); S.I. 2007/3174, art. 2, Sch. (with art. 4)
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 (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 13(1)
C8Pt. 3 modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 11(1) (with art. 32)
C9Pt. 3 modified (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 12(1) (with art. 31)
C10Pt. 3 modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 11(1)(2)
C11Pt. 3 modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 12(1)(2) (with art. 32, Sch. 9 para. 36)
C12Pt. 3 applied (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), arts. 1, 10(3) (with Sch. 8 para. 48)
C13Pt. 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)
C14Pt. 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)
C15Pt. 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)
C16Pt. 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)
C17Pt. 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))
C18Pt. 3 modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 12(1)(2) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
C19S. 51 modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 11(5) (with art. 32, Sch. 9 para. 36)
C20S. 51(1) modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 10(2)
C21S. 51(1) modified (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 9(2)
C22S. 51(1) modified (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 15(2) (with arts. 30(4), 53)
C23S. 51(1) modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 10(2)(3) (with art. 32)
C24S. 51(1) modified (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(2) (with art. 39)
C25S. 51(1) modified (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 10(2) (with art. 31)
C26S. 51(1) modified (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 8(2) (with arts. 6, 42)
C27S. 51(1) modified (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 9(2)
C28S. 51(1) modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 10(2)
C29S. 51(1) modified (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), arts. 1, 10(2) (with Sch. 8 para. 48)
C30S. 51(1) modified (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 15(2) (with arts. 4, 50)
C31S. 51(1) modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 11(2) (with art. 4)
C32S. 51(1) modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 9(2) (with art. 32, Sch. 10 paras. 26(2), 68)
C33S. 51(1) modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 15(2) (with arts. 4, 50)
C34S. 51(1) modified (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 8(2)
C35S. 51(1) modified (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 10(2) (with arts. 5, 53, Sch. 8 paras. 6, 64)
C36S. 51(1) modified (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 8(2) (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)
C37S. 51(1) modified (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 11(2) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))
C38S. 51(1) modified (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 9(2) (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)
C39S. 51(1) modified (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 9(2) (with art. 43, Sch. 12 paras. 5, 24)
C40S. 51(1) modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 17(2) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
C41S. 51(1) modified (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 11(2) (with arts. 42, 43, Sch. 12 paras. 5, 51, 91, 129, 136, 234, 345, 356)
C42S. 51(1) modified (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), arts. 1, 10 (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)
C43S. 51(1) modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 11(4) (with art. 44, Sch. 15)
C44S. 51(1) modified (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 10(2) (with arts. 21, 41, Sch. 10)
C45S. 51(1) modified (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 8(2) (with arts. 35, 36, Sch. 14)
C46S. 51(1) modified (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 13(2) (with art. 6, Sch. 10)
C47S. 51(1) modified (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 8(2) (with art. 45, Sch. 14)
C48S. 51(1) modified (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), arts. 1, 8(2) (with art. 44, Sch. 12)
C49S. 51(1) modified (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 8(2) (with Sch. 15)
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