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Changes over time for: Paragraph 5


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.
Version Superseded: 12/01/2016
Status:
Point in time view as at 02/03/2015. This version of this provision has been superseded.

Status
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Changes to legislation:
New Roads and Street Works Act 1991, Paragraph 5 is up to date with all changes known to be in force on or before 04 March 2025. 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.

Changes to Legislation
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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.]
Textual Amendments
Modifications etc. (not altering text)
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