C15C1C2C3C4C5C6C7C8C9C26C154C51C33C141C157C67C97C44C124C108C59C84C150C180C168C167C105C131C169C96C68C45C39C144C20C153C47C48C121C41C107C119C112C43C29C122C166C75C98C70C94C148C214C208C21C171C58C102C93C163C172C103C156C62C53C186C113C130C188C179C34C213C181C46C27C175C86C177C203C23C136C138C174C110C92C83C133C25C66C16C80C22C128C82C117C215C149C99C50C76C196C104C221C222C227Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C2

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C3

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4

Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5

Pt. 3 modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C6

Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C7

Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C8

Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C9

Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C168

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

C167

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

C39

Pt. 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)

C153

Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C156

Pt. 3 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C25

Pt. 3 modified (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(1)(2) (with arts. 5, 36) (as amended (7.2.2024) by S.I. 2024/129, art. 1, Sch.)

Apparatus affected by highway, bridge or transport works

C10C88C39C152C90C30C137C77C107C190C112C202C72C158C183C17C65C38C35C42C31C193C63C200C207C199C216C214C64C195C115C146C208C178C123C37C102C192C109C116C71C89C162C32C127C73C120C213C143C118C27C184C95C206C136C145C187C212C142C91C66C217C117C215C111C201C79C173C99C210C198C50C196C81C182C155C218C219C225C22783C51C157C44C124C96C39C47C48C121C107C112C166C214C208C102C213C27C136C133C66C117C215C99C50C196 Works for road purposes likely to affect apparatus in the street.

1

This section applies to works for road purposes other than major highway works (as to which see section 84 below).

2

Where works to which this section applies are likely to affect apparatus in the street, the authority executing the works shall take all reasonably practicable steps—

a

to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and

b

to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.

3

An authority who fail to comply with subsection (2) commit an offence in respect of each failure and are liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.

4

In proceedings against an authority for such an offence it is a defence for them to show that the failure was attributable—

a

to their not knowing the position, or not knowing of the existence, of a person’s apparatus, or

b

to their not knowing the identity or address of the person to whom any apparatus belongs,

and that their ignorance was not due to any negligence on their part or to any failure to make inquiries which they ought reasonably to have made.

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C111

Where an undertaker’s apparatus in a street is or may be affected by major highway works, major bridge works or major transport works, the highway, bridge or transport authority concerned and the undertaker shall take such steps as are reasonably required—

a

to identify any measures needing to be taken in relation to the apparatus in consequence of, or in order to facilitate, the execution of the authority’s works,

b

to settle a specification of the necessary measures and determine by whom they are to be taken, and

c

to co-ordinate the taking of those measures and the execution of the authority’s works,

so as to secure the efficient implementation of the necessary work and the avoidance of unnecessary delay.

2

The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the matters mentioned in subsection (1) and the steps to be taken by the authority and the undertaker.

C113

Any dispute between the authority and the undertaker as to any of the matters mentioned in subsection (1) shall, in default of agreement, be settled by arbitration.

C114

If the authority or the undertaker fails to comply with an agreement between them as to any of those matters, or with the decision of the arbitrator under subsection (3), the authority or undertaker shall be liable to compensate the other in respect of any loss or damage resulting from the failure.

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C141

Where an undertaker’s apparatus in a street is affected by major highway works, major bridge works or major transport works, the allowable costs of the measures needing to be taken in relation to the apparatus in consequence of the works, or in order to facilitate their execution, shall be borne by the highway, bridge or transport authority concerned and the undertaker in such manner as may be prescribed.

2

The regulations may make provision as to the costs allowable for this purpose.

Provision may, in particular, be made for disallowing costs of the undertaker—

a

where the apparatus in question was placed in the street after the authority had given the undertaker the prescribed notice of their intention to execute the works, or

b

in respect of measures taken to remedy matters for which the authority were not to blame,

and for allowing only such costs of either party as are not recoverable from a third party.

C143

Where the authority have a right to recover from a third party their costs in taking measures in relation to undertaker’s apparatus but in accordance with section 84 it is determined that the measures should be taken by the undertaker, the right of the authority includes a right to recover the undertaker’s costs in taking those measures and they shall account to the undertaker for any sum received.

4

The regulations shall provide for the allowable costs to be borne by the authority and the undertaker in such proportions as may be prescribed.

Different proportions may be prescribed for different cases or classes of case.

5

The regulations may require the undertaker to give credit for any financial benefit to him from the betterment or deferment of renewal of the apparatus resulting from the measures taken.

6

The regulations may make provision as to the time and manner of making any payment required under this section.