Modifications etc. (not altering text)
C1Pt. 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)
C2Definition 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).
C3Definition 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).
C4Part III (ss. 48-106) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))
C5Part 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)
C6S. 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)
C7S. 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
C8S. 48-106 (Pt. III) extended (28.7.1998) by 1998 c. iv s. 3
C9S. 48-106 (Pt. III) applied (27.8.1998) by S.I. 1998/1936 arts. 1, 41, Sch. 10 para. 2(8), 3(2)
(1)An undertaker executing street works shall, subject to the provisions of any scheme under this section, pay to the street authority the prescribed fee in respect of each inspection of the works carried out by the authority.
(2)Different fees may be prescribed according to the nature or extent of the excavation or other works, the place where they are executed and such other factors as appear to the Secretary of State to be relevant.
(3)The Secretary of State may by regulations make a scheme under which undertakers pay the prescribed fee only in respect of such proportion or number of excavations or other works as may be determined in accordance with the scheme.
(4)The scheme may make provision—
(a)as to the periods and areas by reference to which the proportion or number is to be determined, and
(b)as to the intervals at which an account is to be struck between an undertaker and a street authority and any necessary payment or repayment made;
and different provision may be made for different descriptions of undertaker and different descriptions of street authority.
(5)Nothing in this section applies in relation to inspections in respect of which the undertaker is obliged to bear the cost under section 72(2) (inspections consequent on his failure to comply with his duties as to reinstatement).
Modifications etc. (not altering text)
C10S. 75 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)
S. 75 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)
S. 75 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)
S. 75: 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(n)
S. 75 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)
C11S. 75 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 3(3)(4);
S. 75 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), art. 3(3)