New Roads and Street Works Act 1991 (c. 22)

Part III U.K. Street works in England and Wales

Modifications etc. (not altering text)

C1 Pt. III (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. III (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. III (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C2 Definition in Pt. III (ss. 48-106) applied (01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C3 Definition in Pt. III (ss. 48-106) applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4 Part III (ss. 48-106) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5 Part III (ss. 48-106) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. III para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Part III (ss. 48-106) modified (27.7.1993) by 1993 c. xv, s. 4(1)

Part III (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C6 S. 48-106 (Pt. III) applied (with modifications) (21.7.1994) by 1994 c. xv s. 4(1)

S. 48-106 (Pt. III) applied (21.7.1994) by 1994 c. xv s. 45(5)(a)

S. 48-106 (Pt. III) excluded (21.7.1994) by 1994 c. xv s. 21(2)

S. 48-106 (Pt. III) restricted (21.7.1994) by 1994 c. xv s. 4(2)

C7 S. 48-106 (Pt. III) excluded (18.12.1996) by 1996 c. 61 s. 52, Sch. 15, Pt. I, para. 1(3)

S. 48-106 (Pt. III) modified (18.12.1996) by 1996 c. 61 s. 3, Sch. 3, para. 8

C8 S. 48-106 (Pt. III) extended (28.7.1998) by 1998 c. iv s. 3

C9 S. 48-106 (Pt. III) applied (27.8.1998) by S.I. 1998/1936 arts. 1, 41, Sch. 10 para. 2(8), 3(2)

General requirements as to execution of street works E+W

Valid from 14/07/1992

67 Qualifications of supervisors and operatives. E+W

(1) It is the duty of an undertaker executing street works involving—

(a) breaking up the street, or any sewer, drain or tunnel under it, or

(b) tunnelling or boring under the street,

to secure that, except in such cases as may be prescribed, the execution of the works is supervised by a person having a prescribed qualification as a supervisor.

(2) It is the duty of an undertaker executing street works involving—

(a) breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b) tunnelling or boring under the street,

to secure that, except in such cases as may be prescribed, there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.

(3) An undertaker who fails to comply with his duty under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) Regulations made by the Secretary of State for the purposes of this section may include provision with respect to—

(a) the approval of bodies conferring qualifications (and the withdrawal of such approval), and

(b) the circumstances in which a qualification may be conferred.