Point in time view as at 01/04/1999.
Gas Act 1986, Paragraph 4 is up to date with all changes known to be in force on or before 09 March 2025. 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.
4(1)Except in cases of emergency arising from defects in any pipes or other works, a [F1street] which—E+W+S
(a)does not constitute for the purposes of the M1Highways Act 1980 a highway or part of a highway maintainable at the public expense; and
(b)is under the control or management of, or maintainable by, any railway authority or navigation authority,
shall not be opened or broken up under paragraph 1 above except with the consent, which shall not be unreasonably withheld, of that authority.
(2)Any question whether or not consent to the opening or breaking up of such a [F1street] is unreasonably withheld shall be determined by a single arbitrator to be appointed by the parties or, in default of agreement, appointed by the Director.
Textual Amendments
F1Words in Sch. 4 para. 4(1)(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 119(2) (with s. 25(2)); (E.W.) S.I. 1992/2984, art. 2(2), Sch. 2 and (S.) S.I. 1992/2990, art. 2(2), Sch. 2.
Marginal Citations
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