Completion of notified worksE+W
[F13(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.]
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 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))
C2Sch. 3A excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(10)
C3Sch. 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)
C4Sch. 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
C5Sch. 3A para. 3 restricted (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(12)
C6Sch. 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)
C7Sch. 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)
C8Sch. 3A para. 3(4) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(13)