C26C27C28C29C30C31C32C33C34C35C39C51C59C68C73C81C92C88C93C101C118C130C151C171C161C172C176C177C188C198C332C338C468C500C567C586C606C623C640C630C662Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C27

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)

C28

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).

C29

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).

C30

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

C31

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)

C32

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)

C33

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

C34

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

C35

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)

C172

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

C176

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

C500

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)

C606

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

C640

Pt. 3 applied (with modifications) (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(9) (with arts. 57, 58, Sch. 11 para. 19)

Notice and co-ordination of works

C1C2C3C4C5C38C42C39C47C54C51C62C59C64C68C71C73C76C84C81C92C88C89C93C96C101C104C109C114C124C118C126C131C130C135C146C154C151C156C169C171C161C181C177C183C196C188C198C206C238C304C280C256C274C286C316C310C298C250C208C220C214C292C268C262C232C226C244C322C327C332C333C342C338C350C368C380C356C344C362C374C392C386C401C403C399C402C400C398C434C445C451C457C439C466C469C468C480C474C486C492C493C500C499C513C501C537C507C519C555C543C531C549C525C560C561C562C567C574C576C581C586C591C601C596C606C616C611C618C623C624C640C630C635C641C651C656C663C66254C39C51C59C68C73C81C92C88C93C101C118C130C151C171C161C177C188C198C332C338C468C500C567C586C606C623C640C630C662 Advance notice of certain works.

C61

In such cases as may be prescribed an undertaker proposing to execute street works shall give the prescribed advance notice of the works to the street authority.

2

Different periods of notice may be prescribed for different descriptions of works.

3

The notice shall F17state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.

C64

After giving advance notice under this section an undertaker shall comply with such requirements as may be prescribed, or imposed by the street authority, as to the providing of information and other procedural steps to be taken for the purpose of co-ordinating the proposed works with other works of any description proposed to be executed in the street.

F134A

If an undertaker who has given advance notice under this section has not, before the starting date specified in the notice, given to the street authority a notice under section 55 in respect of the works, he shall within such period as may be prescribed give to that authority a notice containing such information as may be prescribed.

4B

An advance notice under this section shall cease to have effect in relation to the proposed works (so that subsection (1) applies again in relation to the works) if those works are not substantially begun before the end of such period beginning with the starting date specified in the notice as may be prescribed, or such further period as the street authority may allow.

4C

Different periods may be prescribed under subsection (4B) for different descriptions of works.

5

An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding F2level 4 on the standard scale.

I1C7C8C9C10C43C39C48C55C51C63C59C65C72C68C73C77C85C81C92C88C89C97C93C101C105C110C115C118C125C127C132C130C136C147C155C151C157C170C171C161C182C177C184C197C188C207C198C281C251C227C239C215C263C293C221C269C317C299C311C245C275C305C257C287C209C233C323C328C332C334C343C338C375C363C369C351C345C357C381C393C387C407C408C404C406C405C409C435C458C452C446C440C467C470C468C481C475C487C492C494C500C499C556C526C508C544C532C520C538C550C514C502C560C561C563C567C575C577C582C586C592C597C602C612C617C606C619C623C625C640C630C636C642C652C657C664C66255C39C51C59C68C73C81C92C88C93C101C118C130C151C171C161C177C188C198C332C338C468C500C567C586C606C623C640C630C662 Notice of starting date of works.

C111

An undertaker proposing to begin to execute 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,

shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.

2

Different periods of notice may be prescribed for different descriptions of works, F24or in cases where the undertaker has been given notice under section 58(1), and cases may be prescribed in which no notice is required.

3

The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.

C114

Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.

5

An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding F3level 4 on the standard scale.

6

In proceedings against a person for such an offence it is a defence for him to show that the contravention 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—

i

a relevant authority, or

ii

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.

7

A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.

F188

If a notice under this section ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this section was required to be given.

9

An undertaker who fails to give notice in accordance with subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

C12C13C40C39C52C51C73C74C82C81C94C93C102C101C119C118C143C158C171C162C161C185C188C189C199C198C312C234C240C210C264C294C288C246C222C216C282C270C300C306C228C258C318C252C276C324C346C376C352C358C364C370C382C394C388C411C410C415C414C412C413C447C453C441C459C476C482C488C492C495C500C499C509C503C551C515C533C527C545C539C557C521C560C561C567C568C578C583C586C587C598C603C607C606C623C626C640C631C630C643C647C65856C39C51C59C68C73C81C92C88C93C101C118C171C161C172C176C188C198C332C500C567C586C606C623C640C630 Power to give directions as to timing of street works.

C14C1731

If it appears to the street authority—

a

that proposed street works are likely to cause serious disruption to traffic, and

b

that the disruption would be avoided or reduced if the works were carried out only at certain times F14or on certain days (or at certain times on certain days),

the authority may give the undertaker such directions as may be appropriate as to the times F14or days (or both) when the works may or may not be carried out.

C173F261A

Where it appears to a street authority—

a

that subsisting street works are causing or are likely to cause serious disruption to traffic, and

b

that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),

the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.

2

The procedure for giving a direction shall be prescribed by the Secretary of State.

3

An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding F4level 5 on the standard scale.

F153A

An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.

C144

The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.

C139C141C144C171C161C163C172C174C176C190C188C200C198C492C500C499C560C561C567C569C586C588C606C608C623C632C640C630C64856AC171C161C172C176C188C198C332C500C567C586C606C623C640C630F16Power to give directions as to placing of apparatus

1

Where—

a

an undertaker is proposing to execute street works consisting of the placing of apparatus in a street (“street A”),

b

placing the apparatus in street A is likely to cause disruption to traffic, and

c

it appears to the street authority that—

i

there is another street (“street B”) in which the apparatus could be placed, and

ii

the conditions in subsection (2) are satisfied,

the authority may by direction require the undertaker not to place the apparatus in street A (but may not require him to place the apparatus in street B).

2

The conditions referred to in subsection (1)(c) are that—

a

disruption to traffic would be avoided or reduced if the apparatus were to be placed in street B;

b

placing the apparatus in street B would be a reasonable way of achieving the purpose for which the apparatus is to be placed; and

c

it is reasonable to require the undertaker not to place the apparatus in street A.

3

A direction under this section may be varied or revoked by a further such direction.

4

The procedure for giving a direction under this section shall be prescribed by the Secretary of State.

5

The Secretary of State may by regulations make provision for appeals against directions under this section, including provision as to the persons who may determine appeals and the procedure to be followed on an appeal.

6

An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

7

An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.

8

The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.

C15C16C17C39C44C56C51C73C78C92C88C90C93C98C106C101C111C121C118C148C159C166C171C161C178C177C186C193C188C203C198C295C235C277C313C319C271C211C241C229C253C283C223C289C259C307C265C247C217C301C325C329C332C335C338C339C383C377C371C347C359C353C365C395C389C417C420C421C418C419C416C436C454C460C442C448C463C471C468C483C477C489C492C496C500C499C540C516C510C552C546C534C558C504C528C522C560C561C564C567C571C579C584C593C586C599C604C613C606C620C623C640C627C630C637C644C653C659C665C66257C39C51C59C68C73C81C92C88C93C101C118C171C161C177C188C198C332C338C468C500C567C586C606C623C640C630C662 Notice of emergency works.

1

Nothing in section 54 (advance notice), section 55 (notice of starting date) or section 56 (directions as to timing of works) F27or paragraph 2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or directions as to timings of works) affects the right of an undertaker to execute emergency works.

2

An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is F28(or would, but for paragraph 2(6) of Schedule 3A, be) required by section 55, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun, to the persons to whom notice would be required to be given under that section.

3

The notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.

4

An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding F5level 4 on the standard scale.

5

In proceedings against a person for such an offence it is a defence for him to show that the contravention 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—

i

a relevant authority, or

ii

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.

C18C19C20C41C39C53C51C75C73C83C81C95C93C103C101C120C118C145C160C171C161C164C187C191C188C201C198C230C314C308C272C278C248C260C290C242C320C284C302C218C224C266C254C236C212C296C326C354C366C360C372C384C378C348C396C390C425C423C426C422C427C424C461C455C449C443C478C484C490C492C497C500C499C535C505C511C541C517C559C529C523C553C547C560C561C567C570C580C585C589C586C605C600C609C606C623C633C640C630C645C649C66058C39C51C59C68C73C81C92C88C93C101C118C171C161C172C176C188C198C332C500C567C586C606C623C640C630 Restriction on works following substantial road works.

C1751

Where it is proposed to carry out substantial road works in a highway, the street authority may by notice in accordance with this section restrict the execution of street works during the F19prescribed period following the completion of those works.

For this purpose substantial road works means works for road purposes, or such works together with other works, of such description as may be prescribed.

2

The notice shall be published in the prescribed F20form and manner and shall specify the nature and location of the proposed works, the date (not being less than F1such period as may be prescribed after the notice is published, or first published) on which it is proposed to begin the works, and the extent of the restriction.

3

A copy of the notice shall be given to each of the following—

a

where there is a public sewer in the part of the highway to which the restriction relates, to the sewer authority,

b

where the part of the highway to which the restriction relates is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,

c

where in any other case the part of the highway to which the restriction relates is carried or crossed by a bridge, to the bridge authority,

d

any person who has given notice under section 54 (advance notice of certain works) of his intention to execute street works in the part of the highway to which the restriction relates, F12...

e

any other person having apparatus in the part of the highway to which the restriction relates; F11and

f

any other person of a prescribed description;

but a failure to do so does not affect the validity of the restriction imposed by the notice.

4

A notice ceases to be effective if the works to which it relates are not substantially begun F21within such period as may be prescribed.

5

An undertaker shall not in contravention of a restriction imposed by a notice under this section break up or open the part of the highway to which the restriction relates, except—

a

to execute emergency works,

b

with the consent of the street authority, or

c

in such other cases as may be prescribed.

6

If he does—

a

he commits an offence and is liable on summary conviction to a fine not exceeding F6level 5 on the standard scale, and

b

F29if he is convicted of an offence under this subsection he is liable to reimburse the street authority any costs reasonably incurred by them in reinstating the highway.

7

The consent of the street authority under subsection (5)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled F22in the prescribed manner.

F237A

Regulations under subsection (7) may in particular make provision for the question referred to in that subsection to be settled—

a

by arbitration;

b

by a person designated by the Secretary of State on appeal by the undertaker.

8

An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a restriction imposed by a notice under this section.

C140C142C165C171C161C192C188C202C198C219C261C297C243C249C225C291C273C267C321C315C309C213C279C255C237C303C231C285C379C349C385C361C373C355C367C391C397C432C431C429C433C428C430C456C444C450C462C479C485C491C492C498C500C499C518C554C524C542C548C512C530C536C506C560C561C586C590C606C610C623C640C634C630C646C650C66158AC171C161C188C198C332C500C586C606C623C640C630F25Restriction on works following substantial street works

Schedule 3A shall have effect.

I2C21C22C37C45C39C49C57C51C59C60C66C69C68C73C79C81C86C91C92C88C93C99C101C107C112C116C122C118C128C133C130C137C149C152C151C171C161C167C179C177C188C194C204C198C330C332C336C338C340C437C464C468C472C492C500C499C560C561C565C567C572C594C586C606C614C621C623C628C638C640C630C654C666C66259C39C51C59C68C73C81C92C88C93C101C118C130C151C171C161C177C188C198C332C338C468C500C567C586C606C623C640C630C662 General duty of street authority to co-ordinate works.

1

A street authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) F8and the carrying out of relevant activities in the streets for which they are responsible—

a

in the interests of safety,

b

to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and

c

to protect the structure of the street and the integrity of apparatus in it.

2

That duty extends to co-ordination with other street authorities where works F9or relevant activities in a street for which one authority are responsible affect streets for which other authorities are responsible.

3

The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination a street authority shall have regard to any such code of practice.

4

If it appears to the Secretary of State that a street authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.

The direction shall specify the information to be provided and the period within which it is to be provided.

5

If after the end of that period (whether or not the direction has been complied with) it appears to the Secretary of State that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.

The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the Secretary of State as to what steps have been taken and the results of taking them.

6

A direction under this section may be varied or revoked by a further direction.

F107

In this section “relevant activities” means any activity, other than the execution of works in the street or the use of the street by traffic (including pedestrians), which—

a

involves the temporary occupation or use of space in a street;

b

is subject to regulation by the street authority by virtue of provision made by or under any Act other than this Act; and

c

is prescribed by regulations made by the Secretary of State.

I3C23C24C36C46C39C50C58C51C59C61C67C68C70C80C73C87C81C91C92C88C93C100C108C101C113C117C123C118C129C134C130C138C150C153C151C168C171C161C180C177C195C188C205C198C331C332C337C338C341C438C465C473C468C492C500C499C560C561C566C567C573C586C595C606C615C622C623C640C639C629C630C655C667C66260C39C51C59C68C73C81C92C88C93C101C118C130C151C171C161C177C188C198C332C338C468C500C567C586C606C623C640C630C662 General duty of undertakers to co-operate.

C251

An undertaker shall as regards the execution of street works use his best endeavours to co-operate with the street authority and with other undertakers—

a

in the interests of safety,

b

to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and

c

to protect the structure of the street and the integrity of apparatus in it.

2

The Secretary of State shall 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 his duty under 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 duty.

3

An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding F7level 5 on the standard scale.