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New Roads and Street Works Act 1991
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New Roads and Street Works Act 1991, Section 52 is up to date with all changes known to be in force on or before 09 November 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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F152 Emergency works.E+W
(1)In this Part “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.
(2)Where works comprise items some of which fall within the preceding definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.
(3)Where in any civil or criminal proceedings brought by virtue of any provision of this Part the question arises whether works were emergency works, it is for the person alleging that they were to prove it.
Textual Amendments
F1Definition in s. 52 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(5), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Modifications etc. (not altering text)
C1Pt. 3 modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 9(1)
C2Pt. 3 applied (with modifications) (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(9) (with arts. 57, 58, Sch. 11 para. 19)
C3Pt. 3 modified (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(1)(2) (with arts. 57, 58, Sch. 11 para. 19)
C4Pt. 3 modified (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 11(1)(2) (with art. 5)
C5Pt. 3 modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 12(1)(2) (with art. 4)
C6Pt. 3 modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 11(1)(2) (with arts. 4, 50)
C7Pt. 3 modified (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 11(2) (with arts. 5, 53, Sch. 8 paras. 6, 64)
C8S. 52 excluded (27.11.1992) by S.I. 1992/2984, art. 5
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