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New Roads and Street Works Act 1991

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Changes over time for: Section 59

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Version Superseded: 19/01/2021

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59 General duty of street authority to co-ordinate works.E+W

(1)A street authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) [F1and the carrying out of relevant activities] in the streets for which they are responsible—

(a)in the interests of safety,

(b)to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and

(c)to protect the structure of the street and the integrity of apparatus in it.

(2)That duty extends to co-ordination with other street authorities where works [F2or relevant activities] in a street for which one authority are responsible affect streets for which other authorities are responsible.

(3)The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination a street authority shall have regard to any such code of practice.

(4)If it appears to the Secretary of State that a street authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.

The direction shall specify the information to be provided and the period within which it is to be provided.

(5)If after the end of that period (whether or not the direction has been complied with) it appears to the Secretary of State that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.

The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the Secretary of State as to what steps have been taken and the results of taking them.

(6)A direction under this section may be varied or revoked by a further direction.

[F3(7)In this section “relevant activities” means any activity, other than the execution of works in the street or the use of the street by traffic (including pedestrians), which—

(a)involves the temporary occupation or use of space in a street;

(b)is subject to regulation by the street authority by virtue of provision made by or under any Act other than this Act; and

(c)is prescribed by regulations made by the Secretary of State.]

Textual Amendments

F1Words in s. 59(1) inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes) by Traffic Management Act 2004 (c. 18), ss. 42(2), 99(1); S.I. 2007/1890, art. 2, Sch.; S.I. 2007/3174, art. 2, Sch.

F2Words in s. 59(2) inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes) by Traffic Management Act 2004 (c. 18), ss. 42(3), 99(1); S.I. 2007/1890, art. 2, Sch.; S.I. 2007/3174, art. 2, Sch.

F3S. 59(7) inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes) by Traffic Management Act 2004 (c. 18), ss. 42(4), 99(1); S.I. 2007/1890, art. 2, Sch.; S.I. 2007/3174, art. 2, Sch.

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)

C49Pt. 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)

C67S. 59 applied (4.4.1996) by S.I. 1996/937, art. 8(4)(5)

S. 59 applied (13.1.1999) by S.I. 1998/3269, art. 4(2)(3)

S. 59 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 59 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 59 applied (10.2.1997) by S.I. 1997/264, art. 8(6)(7)

S. 59 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 59 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 59 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 59 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 59 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

S. 59: 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(c)

S. 59 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 59 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 59 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 59 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 59 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C69S. 59 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)

C77S. 59 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)

C80S. 59 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)

C85S. 59 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C86S. 59 applied (with modifications) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 8(2) (with arts. 46-48, Sch. 6 para. 23)

C103S. 59 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)(2)

C114S. 59 applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(4) (with art. 31(2))

C123S. 59 applied (with modifications) (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 7(1)(2) (with arts. 37, 38)

C130S. 59 applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 4(2)(3) (with art. 36(2))

C141Ss. 54-106 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(3) (with art. 39)

C165S. 59 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(4)(5) (with arts. 55-57, Sch. 8 para. 13)

C172S. 59 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(4)(5) (with arts. 55, 56)

Commencement Information

I1S. 59 wholly in force: s. 59(1)(2)(4)-(6) in force at 1.1.1993, see s. 170 and S.I. 1992/2984, art. 2(2), Sch. 2; s. 59(3) in force at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.

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