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New Roads and Street Works Act 1991
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New Roads and Street Works Act 1991, Section 95A is up to date with all changes known to be in force on or before 07 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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[F195AFixed penalties for certain offences under this PartE+W
(1)Any offence under this Part relating to any street works which is listed in the first column of Schedule 4A (and described in general terms in the second column) is a fixed penalty offence for the purposes of this Part.
(2)Offences listed in that Schedule which are committed by virtue of section 166 (offences by bodies corporate and Scottish partnerships) are not fixed penalty offences.
(3)The Secretary of State may by order modify that Schedule so as to provide for offences under this Part relating to any street works to become (or cease to be) fixed penalty offences.
(4)Such an order may not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(5)Schedule 4B (which makes provision about fixed penalties for fixed penalty offences) has effect.]
Textual Amendments
F1S. 95A inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 12.5.2008 for E.W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 41(1), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 3)
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)
C3Ss. 54-106 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 10(3)
C4Ss. 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)
C5Ss. 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)
C6Ss. 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)
C7Ss. 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)
C8Ss. 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)
C9S. 95A(1) excluded (W.) (12.5.2008) by The Street Works (Fixed Penalty) (Wales) Regulations 2008 (S.I. 2008/102), regs. 1, 3
C10S. 95A(1) excluded (E.) (12.5.2008) by The Street Works (Fixed Penalty) (England) Regulations 2007 (S.I. 2007/1952), regs. 1(1), 3
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