- Latest available (Revised)
- Point in Time (25/04/2024)
- Original (As enacted)
Version Superseded: 14/06/2024
Point in time view as at 25/04/2024.
New Roads and Street Works Act 1991, SCHEDULE 3A is up to date with all changes known to be in force on or before 11 September 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.
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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)
C1Sch. 3A excluded (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(3) (with arts. 65, 66)
C2Sch. 3A excluded (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 3(3) (with art. 43)
C3Sch. 3A excluded (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 3(2) (with arts. 3(3)(6), 12(3))
C4Sch. 3A modified (E.) (1.4.2008) by The Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372), regs. 1(1), 37(9) (with reg. 35) (as amended (3.4.2023) by The Street and Road Works (Miscellaneous Amendments) (England) Regulations 2022 (S.I. 2022/831), reg. 3(7))
C5Sch. 3A excluded (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 6(2) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))
C6Sch. 3A excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(10)
C7Sch. 3A modified (W.) (1.6.2009) by The Traffic Management Permit Scheme (Wales) Regulations 2009 (S.I. 2009/1267), regs. 1, 37(9)
C8Sch. 3A excluded (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 4(3) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)
C9Sch. 3A excluded (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 1, 3(3)
C10Sch. 3A modified (25.1.2010) by The Traffic Management (Kent County Council) Permit Scheme Order 2009 (S.I. 2009/3188), art. 1, Sch. para. 3.12
C11Sch. 3A modified (29.4.2013) by The Traffic Management (The Metropolitan Borough Council of Stockport) Permit Scheme Order 2013 (S.I. 2013/805), arts. 1, 2, Sch. Appendix C
C12Sch. 3A modified (29.4.2013) by The Traffic Management (Tameside Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/806), arts. 1, 2, Sch. Appendix C
C13Sch. 3A modified (29.4.2013) by The Traffic Management (Salford City Council) Permit Scheme Order 2013 (S.I. 2013/810), arts. 1, 2, Sch. Appendix C
C14Sch. 3A modified (29.4.2013) by The Traffic Management (The Council of the City of Manchester) Permit Scheme Order 2013 (S.I. 2013/811), arts. 1, 2, Sch. Appendix C
C15Sch. 3A modified (29.4.2013) by The Traffic Management (Bury Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/814), arts. 1, 2, Sch. Appendix C
C16Sch. 3A modified (29.4.2013) by The Traffic Management (The Borough Council of Bolton) Permit Scheme Order 2013 (S.I. 2013/813), arts. 1, 2, Sch. Appendix C
C17Sch. 3A modified (29.4.2013) by The Traffic Management (Wigan Borough Council) Permit Scheme Order 2013 (S.I. 2013/812), arts. 1, 2, Sch. Appendx C
C18Sch. 3A modified (29.4.2013) by The Traffic Management (Oldham Borough Council) Permit Scheme Order 2013 (S.I. 2013/808), arts. 1, 2, Sch. Appendix C
C19Sch. 3A modified (29.4.2013) by The Traffic Management (Rochdale Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/809), arts. 1, 2, Sch. Appendix C
C20Sch. 3A excluded (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 3(2)
C21Sch. 3A modified (1.10.2013) by The Traffic Management (Derby City Council) Permit Scheme Order 2013 (S.I. 2013/1781), arts. 1, 2, Sch. para. 2.4
C22Sch. 3A modified (4.11.2013) by The Traffic Management (Buckinghamshire County Council) Permit Scheme Order 2013 (S.I. 2013/2398), art. 1, Sch. para. 1.5, Appendix A
C23Sch. 3A excluded (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 4(3) (with arts. 42, 43)
C24Sch. 3A modified (11.11.2013) by The Traffic Management (Surrey County Council) Permit Scheme Order 2013 (S.I. 2013/2389), arts. 1, 2, Sch. para. 2.12.2
C25Sch. 3A modified (11.11.2013) by The Traffic Management (East Sussex County Council) Permit Scheme Order 2013 (S.I. 2013/2399), arts. 1, 2, Sch. para. 2.12.2
C26Sch. 3A excluded (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(3)
C27Sch. 3A excluded (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(3) (with arts. 57, 58, Sch. 11 para. 19)
C28Sch. 3A excluded (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 12(2) (with art. 34(2))
C29Sch. 3A excluded (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(2) (with art. 31(2))
C30Sch. 3A excluded (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 8(3)
C31Sch. 3A excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 4(10)-(14)
C32Sch. 3A excluded (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 8(3)
C33Sch. 3A excluded (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 3(3) (with Sch. 8 para. 45)
C34Sch. 3A modified (19.1.2015) by The Traffic Management (Wokingham Borough Council) Permit Scheme Order 2014 (S.I. 2014/3105), arts. 1, 2, Sch. para. 2.12.2
C35Sch. 3A modified (2.2.2015) by The Traffic Management (Sefton Metropolitan Borough Council) Permit Scheme Order 2014 (S.I. 2014/3107), arts. 1, 2, Sch. para. 1.9
C36Sch. 3A modified (2.2.2015) by The Traffic Management (Warrington Borough Council) Permit Scheme Order 2014 (S.I. 2014/3108), arts. 1, 2, Sch. para. 1.8
C37Sch. 3A modified (2.2.2015) by The Traffic Management (Cheshire West and Chester Borough Council) Permit Scheme Order 2014 (S.I. 2014/3106), arts. 1, 2, Sch. para. 1.8
C38Sch. 3A modified (9.2.2015) by The Traffic Management (North Tyneside Council) Permit Scheme Order 2014 (S.I. 2014/3109), arts. 1, 2, Sch. para. 1.5, Appendix E
C39Sch. 3A excluded (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), arts. 1, 9(3)
C40Sch. 3A modified (1.3.2015) by The Traffic Management (West Berkshire Council) Permit Scheme Order 2014 (S.I. 2014/3110), arts. 1, 2, Sch. para. 2.12.2
C41Sch. 3A modified (2.3.2015) by The Traffic Management (Knowsley Metropolitan Borough Council) Permit Scheme Order 2015 (S.I. 2015/34), arts. 1, 2, Sch. para. 1.8
C42Sch. 3A modified (4.3.2015) by The Traffic Management (Slough Borough Council) Permit Scheme Order 2014 (S.I. 2014/3112), arts. 1, 2, Sch. para. 2.12.2
C43Sch. 3A modified (9.3.2015) by The Traffic Management (Lancashire County Council) Permit Scheme Order 2015 (S.I. 2015/38), arts. 1, 2, Sch. para. 1.8
C44Sch. 3A modified (30.3.2015) by The Traffic Management (Milton Keynes Council) Permit Scheme Order 2015 (S.I. 2015/91), art. 1, Sch. para. 2.7.1
C45Sch. 3A modified (30.3.2015) by The Traffic Management (Brighton and Hove City Council) Permit Scheme Order 2015 (S.I. 2015/90), art. 1, Sch. para. 2.8.1
C46Sch. 3A modified (30.3.2015) by The Traffic Management (Southampton City Council) Permit Scheme Order 2015 (S.I. 2015/105), art. 1, Sch. para. 2.8.1
C47Sch. 3A modified (31.3.2015) by The Traffic Management (Derbyshire County Council) Permit Scheme Order 2015 (S.I. 2015/107), art. 1, Sch. para. 3.5
C48Sch. 3A excluded (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 4(3)
C49Sch. 3A excluded (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 8(3) (with art. 37)
C50Sch. 3A excluded (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 10(3) (with arts. 4, 5(3))
C51Sch. 3A excluded (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 9(3)
C52Sch. 3A excluded (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 4(3) (with arts. 43, 44)
C53Sch. 3A excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 2(11) (with Sch. 24 para. 2(16))
C54Sch. 3A excluded (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 3(3) (with Sch. 8 para. 20)
C55Sch. 3A excluded (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 4(2) (with art. 32(2))
C56Sch. 3A excluded (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 11(3) (with arts. 4, 37)
C57Sch. 3A excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(3) (with arts. 55-57, Sch. 8 para. 13)
C58Sch. 3A excluded (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 5(3) (with arts. 58, 59)
C59Sch. 3A excluded (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 4(2) (with arts. 24(8), 33(2))
C60Sch. 3A excluded (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 7(3)
C61Sch. 3A excluded (3.10.2018) by The A19/A184 Testo's Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 9(3) (with arts. 3(3), 5)
C62Sch. 3A excluded (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(3) (with arts. 55, 56)
C63Sch. 3A excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 14 para. 3(10) (with art. 45(7), Sch. 13 Pt. 1 para. 19)
C64Sch. 3A excluded (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), arts. 1, 4(2) (with art. 37(2))
C65Sch. 3A excluded (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 12(3)(e) (with art. 3(1))
C66Sch. 3A excluded (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 9(3) (with arts. 5, 44)
C67Sch. 3A excluded (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 7(3) (with arts. 51, 57)
C68Sch. 3A excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 3(10)
C69Sch. 3A excluded (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 13(3) (with art. 37)
C70Sch. 3A excluded (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 9(3) (with arts. 5, 44)
C71Sch. 3A excluded (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 9(3) (with art. 5)
C72Sch. 3A excluded (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 11(3)
C73Sch. 3A excluded (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 12(3)(e) (with art. 32, Sch. 9 para. 36)
C74Sch. 3A excluded (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 10(3) (with art. 5, Sch. 27 para. 36)
C75Sch. 3A excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 2(11) (with Sch. 24 para. 2(16))
C76Sch. 3A excluded (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 12(3)(e) (with arts. 4, 47)
C77Sch. 3A excluded (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 12(3)(e) (with Sch. 8 Pt. 6 para. 19)
C78Sch. 3A excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(3)(h) (with art. 55)
C79Sch. 3A excluded (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), arts. 1, 9(3)
C80Sch. 3A excluded (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 11(3) (with arts. 6, 34)
C81Sch. 3A excluded (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(3) (with arts. 5, 36)
C82Sch. 3A excluded (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 11(3)(i) (with arts. 4, 50)
C83Sch. 3A excluded (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 15(2) (with arts. 62, 76, 87)
C84Sch. 3A excluded (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 10(3)(i) (with arts. 4, 53)
C85Sch. 3A excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 11(3)
C86Sch. 3A excluded (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I. 2022/922), arts. 1, 10(3) (with arts. 5, 40)
C87Sch. 3A excluded (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 4(2)
C88Sch. 3A excluded (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 11(3)(i) (with arts. 4, 52, Sch. 9 para. 82)
C89Sch. 3A excluded (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 12(3)(i) (with art. 51)
C90Sch. 3A excluded (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 11(3) (with art. 5)
C91Sch. 3A excluded (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 4(2) (with art. 34(2), Sch. 12 paras. 5, 47, 79)
C92Sch. 3A excluded (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 12(3) (with art. 4)
C93Sch. 3A excluded (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 11(3) (with arts. 4, 50)
C94Sch. 3A excluded (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 11(3) (with arts. 5, 53, Sch. 8 paras. 6, 64)
C95Sch. 3A excluded (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 8(3) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
C96Sch. 3A excluded (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 12(3) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))
C97Sch. 3A excluded (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 10(4) (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)
C98Sch. 3A excluded (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 12(3) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
C99Sch. 3A excluded (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 8(3) (with arts. 18, 35, Sch. 9)
C100Sch. 3A excluded (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 12(4) (with arts. 21, 41, Sch. 10)
C101Sch. 3A excluded (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 4(2)
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.
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)
C102Sch. 3A para. 2(1)(d) restricted (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(11)
C103Sch. 3A para. 2(1)(d) restricted (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 2(12) (with Sch. 24 para. 2(16))
C104Sch. 3A para. 2(1)(d) restricted (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 3(11)
C105Sch. 3A para. 2(1)(d) restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 2(12) (with Sch. 24 para. 2(16))
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)
C106Sch. 3A para. 3 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(12)
C107Sch. 3A para. 3 restricted (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 2(13) (with Sch. 24 para. 2(16))
C108Sch. 3A para. 3 restricted (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 3(12)
C109Sch. 3A para. 3 restricted (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 2(13) (with Sch. 24 para. 2(16))
C110Sch. 3A para. 3(4) excluded (W.) (1.4.2008) by The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008 (S.I. 2008/101), regs. 1, 12(8) (with reg. 19)
C111Sch. 3A para. 3(4) excluded (E.) (1.4.2008) by The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 (S.I. 2007/1951), regs. 1(1), 12(8) (with reg. 19)
C112Sch. 3A para. 3(4) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(13)
C113Sch. 3A para. 3(4) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 2(14) (with Sch. 24 para. 2(16))
C114Sch. 3A para. 3(4) excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 14 para. 3(13) (with art. 45(7), Sch. 13 Pt. 1 para. 19)
C115Sch. 3A para. 3(4) excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 3(13)
C116Sch. 3A para. 3(4) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 2(14) (with Sch. 24 para. 2(16))
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.
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)
C117Sch. 3A para. 5(1) excluded (W.) (1.4.2008) by The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008 (S.I. 2008/101), regs. 1, 12(10) (with reg. 19)
C118Sch. 3A para. 5(1) excluded (E.) (1.4.2008) by The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 (S.I. 2007/1951), regs. 1(1), 12(10) (with reg. 19)
C119Sch. 3A para. 5(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(14)
C120Sch. 3A para. 5(1) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 2(15) (with Sch. 24 para. 2(16))
C121Sch. 3A para. 5(1) excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 14 para. 3(14) (with art. 45(7), Sch. 13 Pt. 1 para. 19)
C122Sch. 3A para. 5(1) excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 3(14)
C123Sch. 3A para. 5(1) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 2(15) (with Sch. 24 para. 2(16))
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.]
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