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New Roads and Street Works Act 1991
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- UK Public General Acts
- 1991 c. 22
- SCHEDULE 3A
- Paragraph 5
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Changes over time for: Paragraph 5
Version Superseded: 02/06/2022
Alternative versions:
- 29/06/2007- Amendment
- 01/04/2008- Amendment
- 22/07/2008- Amendment
- 09/01/2014- Amendment
- 09/02/2015- Amendment
- 12/01/2016- Amendment
- 23/02/2017- Amendment
- 02/01/2018- Amendment
- 30/10/2019- Amendment
- 25/02/2020- Amendment
- 21/05/2020- Amendment
- 25/05/2020- Amendment
- 11/02/2021- Amendment
- 01/09/2021
Point in time - 02/06/2022- Amendment
- 13/07/2022- Amendment
- 11/08/2022- Amendment
- 05/12/2022- Amendment
- 07/12/2022- Amendment
- 11/01/2023- Amendment
- 10/03/2023- Amendment
- 27/07/2023- Amendment
- 07/09/2023- Amendment
- 11/10/2023- Amendment
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Point in time view as at 01/09/2021. This version of this provision has been superseded.
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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 26 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.
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Effect of direction imposing restrictionE+W
[F15(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
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 excluded (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 4(3)
C6Sch. 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))
C7Sch. 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)
C8Sch. 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)
C9Sch. 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))
C10Sch. 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)
C11Sch. 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)
C12Sch. 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))
C13Sch. 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)
C14Sch. 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)
C15Sch. 3A para. 5(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(14)
C16Sch. 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))
C17Sch. 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)
C18Sch. 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)
C19Sch. 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))
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