New Roads and Street Works Act 1991

54 Advance notice of certain works.E+W

(1)In such cases as may be prescribed an undertaker proposing to execute street works shall give the prescribed advance notice of the works to the street authority.

(2)Different periods of notice may be prescribed for different descriptions of works.

(3)The notice shall [F1state the date on which it is proposed to begin the works and shall contain such other] information as may be prescribed.

(4)After giving advance notice under this section an undertaker shall comply with such requirements as may be prescribed, or imposed by the street authority, as to the providing of information and other procedural steps to be taken for the purpose of co-ordinating the proposed works with other works of any description proposed to be executed in the street.

[F2(4A)If an undertaker who has given advance notice under this section has not, before the starting date specified in the notice, given to the street authority a notice under section 55 in respect of the works, he shall within such period as may be prescribed give to that authority a notice containing such information as may be prescribed.

(4B)An advance notice under this section shall cease to have effect in relation to the proposed works (so that subsection (1) applies again in relation to the works) if those works are not substantially begun before the end of such period beginning with the starting date specified in the notice as may be prescribed, or such further period as the street authority may allow.

(4C)Different periods may be prescribed under subsection (4B) for different descriptions of works.]

(5)An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding [F3level 4] on the standard scale.

Textual Amendments

F1Words in s. 54(3) substituted (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. 49(1)(a), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 5); S.I. 2007/3174, art. 2, Sch. (with art. 6)

F2S. 54(4A)-(4C) 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. 49(1)(b), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 5); S.I. 2007/3174, art. 2, Sch. (with art. 6)

F3Words in s. 54(5) substituted (4.10.2004 for E., 26.11.2007 for W.) by Traffic Management Act 2004 (c. 18), ss. 40(1)(2), 99(1), Sch. 1; S.I. 2004/2380, art. 2(d)(i) (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 4)

Modifications etc. (not altering text)

C22Pt. 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)

C25Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C27Pt. 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)

C29S. 54 modified (27.11.1992) by S.I. 1992/2984, art. 3(1)

C30S. 54 applied (4.4.1996) by S.I. 1996/937, art. 8(4)(5)

S. 54 applied (13.1.1999) by S.I. 1998/3269, art. 4(2)(3)(4)

S. 54 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 54 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 54 applied (10.2.1997) by S.I. 1997/264, art. 8(6)(7)

C31S. 54 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

C32S. 54 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 54 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 54 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 54 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 54 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 54 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)(4)

S. 54 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 54 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 54 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C34S. 54 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 13(6)(7)(8) (with art. 40)

C42S. 54 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(9)(10) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C45S. 54 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(3)(4) (with art. 52)

C50S. 54 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C51S. 54 applied (with modifications) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 8(2)(3) (with arts. 46-48, Sch. 6 para. 23)

C98S. 54 applied (with modifications) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 10(2)(3) (with art. 26(2))

C123S. 54 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)-(3)

C138S. 54(1)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(b)