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New Roads and Street Works Act 1991
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Changes over time for: Section 94
Version Superseded: 27/07/2023
Alternative versions:
- 01/01/1993- Amendment
- 01/04/1996- Amendment
- 28/02/2013- Amendment
- 09/04/2013- Amendment
- 15/06/2013- Amendment
- 15/08/2013- Amendment
- 07/07/2014- Amendment
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- 11/03/2015- Amendment
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- 10/08/2016- Amendment
- 19/08/2016- Amendment
- 15/09/2016- Amendment
- 23/09/2016- Amendment
- 27/09/2016- Amendment
- 18/03/2017- Amendment
- 29/03/2017- Amendment
- 05/04/2017- Amendment
- 08/08/2017- Amendment
- 29/08/2017- Amendment
- 12/10/2018- Amendment
- 03/04/2019- Amendment
- 10/10/2019- Amendment
- 25/10/2019- Amendment
- 27/02/2020- Amendment
- 14/04/2020- Amendment
- 01/05/2020- Amendment
- 11/06/2020- Amendment
- 01/09/2020- Amendment
- 09/02/2021- Amendment
- 22/12/2021- Amendment
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- 10/03/2023- Amendment
- 18/07/2023- Amendment
- 18/07/2023
Point in time - 27/07/2023- Amendment
- 07/09/2023- Amendment
- 07/02/2024- Amendment
- 11/03/2024- Amendment
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New Roads and Street Works Act 1991, Section 94 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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94 Power of street authority or district council to undertake street works.E+W
(1)A street authority or district council may enter into an agreement with an undertaker for the execution by the authority or council on behalf of the undertaker of any street works.
[F1(1A)In subsection (1), the reference to a district council, is to be read, in relation to Wales, as a reference to a county council or a county borough council.]
(2)The agreement may contain such terms as to payment and otherwise as the parties consider appropriate.
(3)Nothing in this section shall be construed as derogating from any powers exercisable by the authority or council apart from this section.
(4)This section shall cease to have effect upon such day as the Secretary of State may appoint by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1S. 94(1A) inserted (1.4.1996) by 1994 c. 19 ss. 22(1), Sch. 7 Pt. I para. 32(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); 1996/396, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Pt. 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)
C2Pt. 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)
C3Pt. 3 modified (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 10(5), 11(4)
C4Pt. 3 applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 5(1)(2) (with arts. 46, 47, Sch. 8 para. 2(7), Sch. 9 para. 4, Sch. 10 para. 12(2))
C5Pt. 3 modified (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 9(2)
C6Pt. 3 modified (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 12(1) (with art. 31)
C7Pt. 3 applied (with modifications) (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 12(1)(2) (with art. 3(1))
C8Pt. 3 modified (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 13(1)(2) (with art. 37)
C9Pt. 3 modified (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 10(1)(2) (with art. 5, Sch. 27 para. 36)
C10Pt. 3 modified (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 15(1) (with arts. 62, 76, 87)
Pt. 3 modified (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 10(1)(2) (with arts. 4, 53)
C11Pt. 3 modified (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 11(1)(2) (with art. 5)
C12Pt. 3 modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 12(1)(2) (with art. 4)
C13Pt. 3 modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 11(1)(2) (with arts. 4, 50)
C14Ss. 54-106 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 10(3)
C15Ss. 54-106 applied (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 9(2)
C16Ss. 54-106 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 13(3) (with arts. 11, 12)
C17Ss. 54-106 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 9(3) (with art. 30)
C18Ss. 54-106 applied (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 8(3) (with arts. 37, 38, Sch. 9 para. 19)
C19Ss. 54-106 applied (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 15(3) (with arts. 7(6), 12, 13, Sch. 12 Pt. 1 para. 19, Sch. 12 Pt. 2 para. 6, sch. 12 Pt. 3 para. 5, Sch. 12 Pt. 4 para. 4, Sch. 12 Pt. 5 para. 4)
C20Ss. 54-106 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 10(4), 11(5) (with arts. 55, 56)
C21Ss. 54-106 applied (2.10.2014) by The North Killingholme (Generating Station) Order 2014 (S.I. 2014/2434), arts. 1, 9(3) (with arts. 6, 9(4), 13, Sch. 8 Pt. 1 para. 6, Sch. 8 Pt. 3 paras. 4(3), 6, 17, Sch. 8 Pt. 5 para. 9)
C22Ss. 54-106 applied (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 15(3) (with arts. 30(4), 53)
C23Ss. 54-106 applied (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 10(3) (with arts. 38, 39)
C24Ss. 54-106 applied (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 10(3)
C25Ss. 54-106 applied (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 9(2)
C26Ss. 54-106 applied (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 9(3)
C27Ss. 54-106 applied (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 13(3) (with arts. 8(5), 35, 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 4 paras. 3, 4, 16)
C28Ss. 54-106 applied (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 10(3) (with art. 7(6), Sch. 8 para. 10)
C29Ss. 54-106 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 9(2)
C30Ss. 54-106 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 9(3) (with arts. 51, 53)
C31Ss. 54-106 applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 9(3) (with art. 44)
C32Ss. 54-106 applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 10(3)
C33Ss. 54-106 applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 14(3) (with arts. 35, 40, 41)
C34Ss. 54-106 applied (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 9(3)
C35Ss. 54-106 applied (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 9(3) (with art. 26)
C36Ss. 54-106 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(3) (with art. 39)
C37Ss. 54-106 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 11(3)
C38Ss. 54-106 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 10(3) (with arts. 35, 36)
C39Ss. 54-106 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 10(5) (with art. 35)
C40Ss. 54-106 applied (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 11(3) (with art. 43)
C41Ss. 54-106 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 11(3)
C42Ss. 54-106 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 8(3) (with arts. 39, 40, Sch. 8 para. 19)
C43Ss. 54-106 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 10(3)
C44Ss. 54-106 applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 10(3) (with art. 31)
C45Ss. 54-106 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 10(4)
C46Ss. 54-106 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 10(3)
C47Ss. 54-106 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 8(3) (with arts. 5(9), 36, 37, Sch. 8 para. 34)
C48Ss. 54-106 applied (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 8(3) (with arts. 6, 42)
C49Ss. 54-106 applied (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 9(3)
C50Ss. 54-106 applied (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 9(3)
C51Ss. 54-106 applied (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 9(3)
C52Ss. 54-106 applied (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 11(3) (with art. 3(1))
C53Ss. 54-106 applied (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 10(4) (with art. 7)
C54Ss. 54-106 applied (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 11(3) (with art. 7)
C55Ss. 54-106 applied (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 12(3) (with art. 37)
C56Ss. 54-106 applied (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 9(3) (with Sch. 9 para. 144)
C57Ss. 54-106 applied (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 12(3) (with art. 5, Sch. 27 para. 36)
C58Ss. 54-106 applied (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 7, Sch. 10 para. 2 (with arts. 15, 50, Sch. 11 para. 29)
C59Ss. 54-106 applied (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 11(3) (with Sch. 8 Pt. 6 para. 19)
C60Ss. 54-106 applied (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 14(4) (with arts. 15, 62, 76, 87)
C61Ss. 54-106 applied (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 14(3) (with arts. 4, 53)
C62Ss. 54-106 applied (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 15(3) (with arts. 4, 52, Sch. 9 para. 82)
C63Ss. 54-106 applied (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 10(3) (with arts. 5, 11)
C64Ss. 54-106 applied (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 11(3) (with arts. 4, 12)
C65Ss. 54-106 applied (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 9(3) (with art. 32, Sch. 10 paras. 26(2), 68)
C66Ss. 54-106 applied (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 15(3) (with arts. 4, 50)
C67Ss. 54-106 applied (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 8(3)
C68S. 94(1)(2): 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.
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