Pipe-lines Act 1962

18 Restriction on breaking up, for execution of pipe-line works, highways in London Traffic Area recently closed for repair

(1) Where works of road maintenance and improvement involving the closing to vehicular traffic of any part of a highway either absolutely or to the extent of one third or more of the width of the carriageway have been executed in accordance with a scheme confirmed under section one hundred and thirty-seven of the Highways Act, 1959, or under an authority given under section eighteen of the Road Traffic and Roads Improvement Act, 1960, it shall not, during twelve months from the date on which those works were completed, be lawful for any person in exercise of the power conferred by subsection (1) of section fifteen of this Act to break tip or open (except for the execution of emergency works) the highway so closed without the previous consent of the Minister of Transport and unless he proves to the satisfaction of that Minister—

(a) that there were reasonable grounds for his failure or omission to execute, while the highway or part thereof was closed, the works for the execution of which he requires to break up or open the highway; and

(b) that it is essential that the works should be executed or begun during the said twelve months.

(2) The Minister of Transport may, if he thinks fit, make it a condition of giving his consent under the foregoing subsection to breaking up or opening a highway that all works in connection therewith shall be begun after eight o'clock in the evening and carried on without intermission.