C10C1C2C3C4C5C6C7C8C9C18C99C35C22C92C101C43C64C27C85C74C40C55C96C114C106C105C72C88C107C63C44C28C24C93C12C97C30C32C83C25C73C82C76C26C21C84C104C48C65C46C62C94C127C124C13C108C38C69C61C103C109C70C100C41C37C117C78C87C118C113C23C126C115C29C19C111C56C112C123C16C90C91C110C75C60C54C89C17C42C11C51C15C86C53C79C128C95C67C34C49C119C71C131C133C137Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C2

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C3

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4

Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5

Pt. 3 modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C6

Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C7

Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C8

Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C9

Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C106

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C105

Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C24

Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)

C97

Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C100

Pt. 3 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C17

Pt. 3 modified (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(1)(2) (with arts. 5, 36) (as amended (7.2.2024) by S.I. 2024/129, art. 1, Sch.)

Introductory provisions

48C30C32C83C25C73C48C69C19C112C123C75C79C128C67C34C119C71 Streets, street works and undertakers.

1

In this Part a “street” means the whole or any part of any of the following, irrespective of whether it is a thoroughfare—

a

any highway, road, lane, footway, alley or passage,

b

any square or court, and

c

any land laid out as a way whether it is for the time being formed as a way or not.

Where a street passes over a bridge or through a tunnel, references in this Part to the street include that bridge or tunnel.

2

The provisions of this Part apply to a street which is not a maintainable highway subject to such exceptions and adaptations as may be prescribed.

C122C14C31C98C50C121C20C59C125C120C39C81C68C102C116C36C58C77C52C33C80C57C66C47C45C129C130C132C134C135C1363

In this Part “street works” means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence—

a

placing apparatus, or

b

inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it,

or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

F13A

For the purposes of subsection (3), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—

a

reinstatement of the street, and

b

where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.

4

In this Part “undertaker” in relation to street works means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be.

5

References in this Part to the undertaker in relation to apparatus in a street are to the person entitled, by virtue of a statutory right or a street works licence, to carry out in relation to the apparatus such works as are mentioned in subsection (3); and references to an undertaker having apparatus in the street, or to the undertaker to whom apparatus belongs, shall be construed accordingly.