New Roads and Street Works Act 1991

Changes over time for: Section 63

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Point in time view as at 28/03/2024.

Changes to legislation:

New Roads and Street Works Act 1991, Section 63 is up to date with all changes known to be in force on or before 27 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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63 Streets with special engineering difficulties.E+W

(1)The provisions of Schedule 4 have effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties.

(2)The Secretary of State may prescribe—

(a)the criteria for designating a street as having special engineering difficulties,

(b)the procedure for making or withdrawing such a designation, and

(c)the information to be made available by a street authority as to the streets for the time being so designated by them.

(3)Where [F1a strategic highways company or] a local highway authority are asked to designate a street as having special engineering difficulties—

(a)by a transport authority on the ground of the proximity of the street to a structure belonging to, or under the management or control of, the authority, or

(b)by an undertaker having apparatus in the street,

and decline to do so, the transport authority or undertaker may appeal to the Secretary of State who may direct that the street be designated.

(4)The designation of a street as having special engineering difficulties shall not be withdrawn except after consultation with any transport authority or undertaker at whose request the designation was made; and a designation made in pursuance of a direction by the Secretary of State shall not be withdrawn except with his consent.

[F2(5)In addition to criteria for designation prescribed under subsection (2)(a), Schedule 3 to the Flood and Water Management Act 2010 requires designation in certain circumstances (relating to sustainable drainage systems).]

Textual Amendments

F1Words in s. 63(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 118; S.I. 2015/481, reg. 2(a)

F2S. 63(5) inserted (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 27 (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

Modifications etc. (not altering text)

C1Pt. 3 applied (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(1) (with art. 52)

C2Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C3Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C4Pt. 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)

C5Pt. 3 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 Pt. 2 para. 3 (with arts. 12, 13, Sch. 12 Pt. 1 paras. 6(3), 19, Pt. 2 paras. 3, 6, 13, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4)