Part III Street works in England and Wales
Introductory provisions
50 Street works licences.
(1)
The street authority may grant a licence (a “street works licence”) permitting a person—
(a)
to place, or to retain, apparatus in the street, and
(b)
thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it,
and to execute for those purposes any works required for or incidental to 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).
F1(1A)
For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection 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.
(2)
A street works licence authorises the licensee to execute the works permitted by the licence without obtaining any consent which would otherwise be required to be given—
(a)
by any other relevant authority in its capacity as such, or
(b)
by any person in his capacity as the owner of apparatus affected by the works;
but without prejudice to the provisions of this Part as to the making of requirements by any such authority or person or as to the settlement of a plan and section and the execution of the works in accordance with them.
(3)
A street works licence does not dispense the licensee from obtaining any other consent, licence or permission which may be required; and it does not authorise the installation of apparatus for the use of which the licence of the Secretary of State is required, unless and until that licence has been granted.
(4)
The provisions of Schedule 3 have effect with respect to the grant of street works licences, the attachment of conditions and other matters.
(5)
A street works licence may be granted—
(a)
to a person on terms permitting or prohibiting its assignment, or
(b)
to the owner of land and his successors in title;
and references in this Part to the licensee are to the person for the time being entitled by virtue of the licence to do anything permitted by it.
(6)
Any licence, consent, permission or other authority for the execution in a street of any such works as are mentioned in subsection (1) granted or given by the street authority before the commencement of this Part has effect after the commencement of this Part as a street works licence; but subsection (2) does not apply in relation to such a licence.
This applies in particular to licences granted under section 181 of the M1Highways Act 1980 or any corresponding earlier enactment.
(7)
The works referred to in subsection (1) above do not include works for road purposes.