C11C1C2C3C4C5C6C7C8C9C19C116C40C25C106C119C49C74C34C97C83C43C63C113C135C125C124C81C101C126C73C50C35C30C108C14C115C37C38C94C31C82C92C87C33C21C95C123C55C75C51C71C111C158C154C15C127C42C77C70C122C128C79C118C44C41C139C88C100C141C134C26C157C136C36C20C131C64C132C152C17C103C105C130C85C69C62C102C18C48C12C59C16C99C61C90C159C112C76C39C56C146C80C164C165C167Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (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. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C2

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) 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. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4

Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5

Pt. 3 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. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C6

Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C7

Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C8

Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C9

Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C125

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

C124

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

C30

Pt. 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)

C115

Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C118

Pt. 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)

C18

Pt. 3 modified (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(1)(2) (with arts. 5, 36) (as amended (7.2.2024) by S.I. 2024/129, art. 1, Sch.)

C61C90C159C112C76C39C146 Duties and liabilities of undertakers with respect to apparatus

I1C10C65C30C114C67C22C104C57C82C142C87C151C53C120C137C13C47C29C27C32C23C144C45C149C153C148C160C158C46C145C89C110C154C133C96C28C77C143C84C52C66C121C24C98C54C93C157C107C91C20C138C72C103C109C140C156C78C68C48C161C90C159C86C150C58C129C76C155C147C39C146C60C117C162C163C166C16781C30C82C87C158C154C77C157C20C103C48C90C159C76C39C146 Duty to maintain apparatus.

1

An undertaker having apparatus in the street shall secure that the apparatus is maintained to the reasonable satisfaction of—

a

the street authority, as regards the safety and convenience of persons using the street (having regard, in particular, to the needs of people with a disability), the structure of the street and the integrity of apparatus of the authority in the street, and

b

any other relevant authority, as regards any land, structure or apparatus of theirs;

and he shall afford reasonable facilities to each such authority for ascertaining whether it is so maintained.

2

For this purpose maintenance means the carrying out of such works as are necessary to keep the apparatus in efficient working condition (including periodic renewal where appropriate); and includes works rendered necessary by other works in the street, other than major highway, bridge or transport works (as to which, see sections 84 and 85 below).

3

If an undertaker fails to give a relevant authority the facilities required by this section—

a

the street authority may in such cases as may be prescribed, and

b

any other relevant authority may in any case,

execute such works as are needed to enable them to inspect the apparatus in question, including any necessary breaking up or opening of the street.

4

If an undertaker fails to secure that apparatus is maintained to the reasonable satisfaction of a relevant authority in accordance with this section—

a

the street authority may in such cases as may be prescribed, and

b

any other relevant authority may in any case,

execute any emergency works needed in consequence of the failure.

5

The provisions of this Part apply in relation to works executed by a relevant authority under subsection (3) or (4) as if they were executed by the undertaker; and the undertaker shall indemnify the authority in respect of the costs reasonably incurred by them in executing the works.

6

A relevant authority who execute or propose to execute any works under subsection (3) or (4) shall give notice to any other relevant authority as soon as reasonably practicable stating the general nature of the works.

7

Nothing in subsection (3) or (4) shall be construed as excluding any other means of securing compliance with the duties imposed by subsection (1).