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New Roads and Street Works Act 1991

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New Roads and Street Works Act 1991, Section 62 is up to date with all changes known to be in force on or before 25 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. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 62:

  • s. 54-106 applied by S.I. 2024/752 art. 11(3)
  • s. 54-106 applied (with modifications) by S.I. 2021/51 art. 11(3) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)

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62 Supplementary provisions as to designation of protected streets.E+W

(1)The Secretary of State may prescribe—

(a)the criteria for designating a street as protected,

(b)the procedure for making or withdrawing such a designation, and

(c)the information to be made available by a street authority as to the streets for the time being so designated by them.

(2)Where a street has been designated as protected the street authority may direct an undertaker to remove or change the position of apparatus placed in the street at a time when it was not so designated.

The authority shall indemnify the undertaker in respect of his reasonable expenses in complying with such a direction.

(3)Where a designation is withdrawn the street authority may give such directions as they consider appropriate as to—

(a)the continuance in force of any conditions subject to which consent was given for the placing of apparatus in the street, and

(b)the continuance of entitlement to any contributions in respect of the expenses of an undertaker in complying with such conditions.

(4)Where a designation is made or withdrawn the street authority may give such directions as they consider appropriate with respect to works in progress in the street when the designation comes into force or ceases to have effect.

(5)Any dispute between a street authority and an undertaker as to the exercise by the authority of their powers under subsection (2), (3) or (4) shall be settled by arbitration.

Modifications etc. (not altering text)

C3Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C4Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C5Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)

C46Ss. 54-106 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(3) (with art. 39)

C72Ss. 54-106 applied (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 15(3) (with arts. 4, 52, Sch. 9 para. 82)

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