Part III Street works in England and Wales

Notice and co-ordination of works

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

(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.