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New Roads and Street Works Act 1991

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Changes over time for: Section 60

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Version Superseded: 09/02/2021

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60 General duty of undertakers to co-operate.E+W

(1)An undertaker shall as regards the execution of street works use his best endeavours to co-operate with the street authority and with other undertakers—

(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)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 in subsection (1); and—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.

(3)An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding [F1level 5] on the standard scale.

Textual Amendments

F1Words in s. 60(3) 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)

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

S. 60 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 60 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

S. 60 applied (13.1.1999) by S.I. 1998/3269, art. 4(2)(3)

S. 60 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 60 applied (10.2.1997) by S.I. 1997/264, art. 8(6)(7)

S. 60 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 60 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 60 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 60 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 60 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 60 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 60 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 60 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 60 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C69S. 60 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. 60 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. 60 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. 60 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C86S. 60 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. 60 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)(2)

C114S. 60 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. 60 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. 60 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. 60 applied (with modifications) (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. 60 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)

C187S. 60 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 9(2)(c)(h) (with art. 37)

C196S. 60(1): 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(g)

Commencement Information

I1S. 60 wholly in force: s. 60(1)(3) in force at 1.1.1993 see s. 170 and S.I. 1992/2984, art. 2(2), Sch. 2; s. 60(2) in force at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.

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