Search Legislation

Advanced Search

New Roads and Street Works Act 1991

Help about what version

What Version

Help about advanced features

Advanced Features

Status:

Point in time view as at 18/07/2023.

Changes to legislation:

New Roads and Street Works Act 1991, Cross Heading: General requirements as to execution of street works is up to date with all changes known to be in force on or before 27 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

General requirements as to execution of street worksE+W

65 Safety measures.E+W

(1)An undertaker executing street works shall secure—

(a)that any part of the street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and

(b)that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street,

having regard, in particular, to the needs of people with a disability.

(2)In discharging in relation to a highway his duty with respect to the placing, maintenance or operation of traffic signs, an undertaker shall comply with any directions given by the traffic authority.

The power of the traffic authority to give directions under this subsection is exercisable subject to any directions given by the Secretary of State under section 65 of the M1Road Traffic Regulation Act 1984.

(3)The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with that subsection; and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that subsection.

(4)An undertaker who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding [F1level 5] on the standard scale.

(5)If it appears to the street authority that an undertaker has failed to comply with subsection (1) or (2), they may take such steps as appear to them necessary and may recover from the undertaker the costs reasonably incurred by them in doing so.

(6)If a person without lawful authority or excuse—

(a)takes down, alters or removes any fence, barrier, traffic sign or light erected or placed in pursuance of subsection (1) or (2) above, or

(b)extinguishes a light so placed,

he commits an offence and is liable on summary conviction to a fine not exceeding [F2level 5] on the standard scale.

Textual Amendments

F1Words in s. 65(4) 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)

F2Words in s. 65(6) 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)

C11Pt. 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)

C21Pt. 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)

C29Pt. 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.)

C59Ss. 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)

C86Ss. 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)

C92S. 65(2)(5): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 paras. 1(i), 2

Commencement Information

I1S. 65 wholly in force: s. 65(1)(2)(4)-(6) in force at 1.4.1993 see s. 170(1) and S.I. 1992/2984, art. 2(3), Sch. 3; s. 65(3) in force at 14.7.1992 by S.I. 1992/1686, art. 2, Sch.

Marginal Citations

66 Avoidance of unnecessary delay or obstruction.E+W

(1)An undertaker executing street works which involve—

(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

shall carry on and complete the works with all such dispatch as is reasonably practicable.

(2)An undertaker who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding [F3level 5] on the standard scale.

(3)Where an undertaker executing any street works creates an obstruction in a street to a greater extent or for a longer period than is reasonably necessary, the street authority may by notice require him to take such reasonable steps as are specified in the notice to mitigate or discontinue the obstruction.

(4)If the undertaker fails to comply with such a notice within 24 hours of receiving it, or any longer period specified in the notice, the authority may take the necessary steps and recover from him the costs reasonably incurred by them in doing so.

Textual Amendments

F3Words in s. 66(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)

C59Ss. 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)

C86Ss. 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)

C176S. 66(3)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(j)

67 Qualifications of supervisors and operatives.E+W

(1)It is the duty of an undertaker executing street works involving—

(a)breaking up the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

to secure that, except in such cases as may be prescribed, the execution of the works is supervised by a person having a prescribed qualification as a supervisor.

(2)It is the duty of an undertaker executing street works involving—

(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

to secure that, except in such cases as may be prescribed, there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.

(3)An undertaker who fails to comply with his duty under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding [F4level 5] on the standard scale.

(4)Regulations made by the Secretary of State for the purposes of this section may include provision with respect to—

(a)the approval of bodies conferring qualifications (and the withdrawal of such approval), and

(b)the circumstances in which a qualification may be conferred.

Textual Amendments

F4Words in s. 67(3) 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)

C59Ss. 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)

C86Ss. 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)

68 Facilities to be afforded to street authority.E+W

(1)An undertaker executing street works shall afford the street authority reasonable facilities for ascertaining whether he is complying with his duties under this Part.

(2)An undertaker who fails to afford the street authority such facilities commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding [F5level 4] on the standard scale.

Textual Amendments

F5Words in s. 68(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)

C59Ss. 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)

C86Ss. 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)

C192Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C224S. 68 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

S. 68 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 68 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 68 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

C231S. 68 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(3)(4) (with art. 52)

C245S. 68 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)(2)

C254S. 68 applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(4) (with art. 31(2))

C259S. 68 applied (with modifications) (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 7(1)(2) (with arts. 37, 38)

C261S. 68 applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 4(2)(3) (with art. 36(2))

C276S. 68 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(4)(5) (with arts. 55-57, Sch. 8 para. 13)

C282S. 68 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(4)(5) (with arts. 55, 56)

C290S. 68 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 9(2)(d)(h) (with art. 37)

C304S. 68 applied (with modifications) (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(4)(5) (with art. 55)

C323S. 68: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(k)

69 Works likely to affect other apparatus in the street.E+W

(1)Where street works are likely to affect another person’s apparatus in the street, the undertaker 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.

(2)An undertaker who fails to comply with subsection (1) commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding [F6level 4] on the standard scale.

(3)In proceedings against a person for such an offence it is a defence for him to show that the failure was attributable—

(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

(b)to his not knowing the identity or address of the person to whom any apparatus belongs,

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

Textual Amendments

F6Words in s. 69(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)

C59Ss. 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)

C86Ss. 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)

C328S. 69 excluded (27.11.1992) by S.I. 1992/2984, art. 8

C330S. 69 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 69 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 69 applied (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

S. 69 applied (13.1.1999) by S.I. 1998/3269, art. 4(2)(3)

S. 69 applied (10.2.1997) by S.I. 1997/264, art. 8(6)(7)

S. 69 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 69 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 69 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 69 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 69 applied (4.4.1996) by S.I. 1996/937, art. 8(4)(5)

S. 69 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 69 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 69 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 69 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 69 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C332S. 69 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 13(6)(7)(8) (with art. 40)

C340S. 69 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(9)(10) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C342S. 69 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(3)(4) (with art. 52)

C346S. 69 applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 16(6)(7) (with arts. 34, 35(2))

C347S. 69 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C348S. 69 applied (with modifications) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 8(2) (with arts. 46-48, Sch. 6 para. 23)

C403S. 69 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)(2)

C414S. 69 applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(4) (with art. 31(2))

C420S. 69 applied (with modifications) (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 7(1)(2) (with arts. 37, 38)

C437S. 69 applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 4(2)(3) (with art. 36(2))

C454S. 69 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(4)(5) (with arts. 55-57, Sch. 8 para. 13)

C460S. 69 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(4)(5) (with arts. 55, 56)

C467S. 69 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 9(2)(e)(h) (with art. 37)

C481S. 69 applied (with modifications) (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(4)(5) (with art. 55)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: