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Part XIV U.K. Miscellaneous and Supplementary Provisions

Interpretation E+W

330 Construction of certain enactments relating to execution of works by statutory undertakers. E+W

(1) Where by any enactment empowering statutory undertakers to execute works under, in, upon, over, along or across a highway the undertakers are thereby required—

(a) to give notice to, or obtain the consent or approval of, a council,

(b) to carry out the works under the superintendence of a council,

(c) to reinstate the highway to the satisfaction of a council, or

(d) to do anything in relation to a road for which a county council [F1 or metropolitan district council] are the highway authority (whether so described or described as a “county road”),

any such requirement, and any provision of the enactment empowering the council to act in default of the undertakers or otherwise to enforce any such requirement, has effect, in relation to a trunk road, with the substitution, for references to the council, of references to the Minister[F2 or a strategic highways company, whichever is highway authority for the trunk road, ] and, for references to a road for which a county council [F1 or metropolitan district council] are the highway authority (or a county road), of references to a trunk road.

(2) Notwithstanding the provisions of any enactment as to the determination of disputes arising between statutory undertakers and a council in connection with the execution of any such works, any such dispute arising in the case of a trunk road between statutory undertakers and the Minister shall be determined by a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 41

F2 Words in s. 330(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 61; S.I. 2015/481, reg. 2(a)

F3 S. 330(3) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9; S.I. 1992/2984, art. 2(2), Sch. 2