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Point in time view as at 01/06/2016.

Changes to legislation:

New Roads and Street Works Act 1991, SCHEDULE 3A is up to date with all changes known to be in force on or before 22 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.

[F1SCHEDULE 3AE+WRestriction on works following substantial street works

Textual Amendments

F1Sch. 3A inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 1.4.2008 for E. in so far as not already in force, 1.4.2008 for W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 52(2), 99(1), Sch. 4; S.I. 2007/1890, art. 2, Sch. (with art. 7); S.I. 2007/3174, art. 2, Sch. (with art. 8)

Modifications etc. (not altering text)

IntroductoryE+W

1(1)This Schedule applies where a street authority receive a notice under section 54 or 55 that an undertaker is proposing to execute substantial street works in a highway.

(2)For the purposes of this Schedule, “substantial street works” means street works of such description as may be prescribed.

Notice by authority of proposed restrictionE+W

2(1)The street authority may publish a notice—

(a)specifying the nature and location of the proposed works and the date on which it is proposed to begin them;

(b)stating that the authority propose to issue a direction under paragraph 4 imposing a restriction on street works;

(c)stating the duration of the proposed restriction and the part of the highway to which it relates;

(d)requiring any other undertakers who propose to execute street works in that part of the highway, and who have not already done so, to notify the authority of their proposed works within the period specified in the notice (“the notice period”).

(2)The notice period shall not be less than such period as may be prescribed.

(3)A notice under this paragraph shall—

(a)be published in the prescribed form and manner; and

(b)comply with such requirements as to its form and content as may be prescribed.

(4)A copy of a notice under this paragraph shall be given to each of the following—

(a)where there is a public sewer in the part of the highway specified under sub-paragraph (1)(c), to the sewer authority;

(b)where that part of the highway is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held by or used for the purposes of a transport authority, to that authority;

(c)where in any other case that part of the highway is carried or crossed by a bridge, to the bridge authority;

(d)any person who has given notice under section 54 of his intention to execute street works in that part of the highway;

(e)any person who has apparatus in that part of the highway;

(f)any other person of a prescribed description.

(5)Notification under sub-paragraph (1)(d) shall be in such form, contain such information, and be made in such manner as may be prescribed.

(6)Section 55 does not apply in relation to works in the part of the highway specified under sub-paragraph (1)(c) that are begun between the end of the notice period and completion of the works referred to in paragraph 3(1)(a) to (c).

This sub-paragraph does not apply to cases prescribed under paragraph 3(5)(b).

Modifications etc. (not altering text)

Completion of notified worksE+W

3(1)After the expiry of the notice period the street authority may issue directions to—

(a)the undertaker proposing to execute the substantial street works,

(b)any undertakers who have given notice under paragraph 2 in respect of works they propose to execute, and

(c)any undertakers who have previously given notice of works they propose to execute in the part of the highway specified under paragraph 2(1)(c).

(2)A direction to an undertaker under this paragraph is a direction as to the date on which he may begin to execute the works proposed by him.

(3)Where—

(a)a direction is given to an undertaker under this paragraph as respects the date on which he may begin to execute the works proposed by him, and

(b)he begins to execute those works before that date,

he is guilty of an offence.

(4)After the expiry of the notice period, any undertaker who, before completion of the works referred to in sub-paragraph (1)(a) to (c), executes any other street works in the part of the highway specified under paragraph 2(1)(c), commits an offence.

(5)Sub-paragraph (4) does not apply—

(a)where an undertaker executes emergency works; or

(b)in such other cases as may be prescribed.

(6)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Modifications etc. (not altering text)

Direction restricting further worksE+W

4(1)After the expiry of the notice period and before completion of the works referred to in paragraph 3(1)(a) to (c) the authority may give a direction under this paragraph.

(2)A direction under this paragraph is a direction restricting the execution of street works in the part of the highway specified under paragraph 2(1)(c) for such period following completion of the works referred to in paragraph 3(1)(a) to (c) as may be specified in the direction.

(3)The duration of the period specified under sub-paragraph (2) may not exceed the duration of the restriction proposed by the authority under paragraph 2(1)(c).

(4)The period specified in a direction under this paragraph may not in any case exceed such period as may be prescribed.

(5)A direction under this paragraph shall—

(a)be given in the prescribed manner;

(b)comply with such requirements as to its form and content as may be prescribed.

(6)The street authority must send a copy of any direction under this paragraph to the persons specified in paragraph 2(4).

(7)A direction under this paragraph shall cease to have effect if the works referred to in paragraph 3(1)(a) to (c) to which it relates are not completed within such period as may be prescribed.

(8)A direction under this paragraph may be revoked at any time by the authority which gave it.

(9)Where a direction under this paragraph ceases to have effect by virtue of sub-paragraph (7), or is revoked by virtue of sub-paragraph (8), the street authority must notify the persons specified in paragraph 2(4).

(10)If the street authority decides not to give a direction under this paragraph, it must notify the persons specified in paragraph 2(4) accordingly.

Effect of direction imposing restrictionE+W

5(1)Where a direction under paragraph 4 is in force, an undertaker may not during the period specified in the direction execute street works in the part of the highway to which the restriction relates.

(2)Sub-paragraph (1) does not apply—

(a)where an undertaker executes emergency works;

(b)where an undertaker executes works with the consent of the street authority; or

(c)in such other cases as may be prescribed.

(3)The consent of the street authority under sub-paragraph (2)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled in such manner as may be prescribed.

(4)Regulations under sub-paragraph (3) may in particular make provision for the question referred to in that sub-paragraph to be settled—

(a)by arbitration;

(b)by a person specified by the Secretary of State on appeal by the undertaker.

(5)An undertaker who contravenes sub-paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)An undertaker convicted of an offence under sub-paragraph (5) is liable to reimburse the street authority any costs reasonably incurred by them in reinstating the highway.

Modifications etc. (not altering text)

SupplementaryE+W

6An 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 under this Schedule.]

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: