New Roads and Street Works Act 1991

84 Measures necessary where apparatus affected by major works. E+W

(1) Where an undertaker’s apparatus in a street is or may be affected by major highway works, major bridge works or major transport works, the highway, bridge or transport authority concerned and the undertaker shall take such steps as are reasonably required—

(a) to identify any measures needing to be taken in relation to the apparatus in consequence of, or in order to facilitate, the execution of the authority’s works,

(b) to settle a specification of the necessary measures and determine by whom they are to be taken, and

(c) to co-ordinate the taking of those measures and the execution of the authority’s works,

so as to secure the efficient implementation of the necessary work and the avoidance of unnecessary delay.

(2) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the matters mentioned in subsection (1) and the steps to be taken by the authority and the undertaker.

(3) Any dispute between the authority and the undertaker as to any of the matters mentioned in subsection (1) shall, in default of agreement, be settled by arbitration.

(4) If the authority or the undertaker fails to comply with an agreement between them as to any of those matters, or with the decision of the arbitrator under subsection (3), the authority or undertaker shall be liable to compensate the other in respect of any loss or damage resulting from the failure.

Modifications etc. (not altering text)

C1 Pt. 3 modified (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 3(1)(2) (with art. 51)

C2 Pt. 3 modified (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(7) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C3 Pt. 3 modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 3(1) (with arts. 3(5), 15(3))

C4 Pt. 3 applied (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(1) (with art. 52)

C5 S. 84(1)(3)(4) excluded (27.11.1992) by S.I. 1992/2984, art. 10

S. 84(1)(3)(4): 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. 4(b)

Commencement Information

I1 S. 84 wholly in force: s. 84(1)(3)(4) in force at 1.1.1993 see s. 170(1) and S.I. 1992/2984, art. 2(2), Sch. 2; s. 84(2) in force at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.