Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
Sch. 4 extended (16.3.1992) by Midland Metro Act 1992 (c. vii), s. 8(3)
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 50, SIF 108), Sch. 9 para. 39(36)(a)
Word “arbiter” substituted (S.) for word “arbitrator” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(36)(b)
Sections 21, 22, 23, 37.
The provisions of Part I of this Schedule shall have effect as to settling a specification of undertakers’ works or measures which are to be treated at the instance of undertakers or of a promoting authority as necessary as mentioned in section twenty-two of this Act.
In this Schedule the expression “
Where the execution of any authority’s works is intended, the promoting authority shall give notice of the intention to execute them, stating that the notice is given for the purposes of this Schedule, together with, in the case of a road alteration, a statement of the nature and mode of execution of the authority’s works, or, in the case of a bridge alteration or of transport works, a plan and section of the authority’s works—
to all undertakers whom the authority know to have relevant apparatus, and
to any undertakers having relevant apparatus who have not been given a notice by virtue of head (a)of this sub-paragraph and who give notice to the authority that they have such apparatus not later than the expiration of fifteen days from the date on which the authority’s works are begun.
In the case of a road alteration, if it appears to any such undertakers that a plan and section of the authority’s works or any of them ought to be furnished to them, they shall, as early as practicable and not later than the expiration of fifteen days from the date of the giving to them of the authority’s notice under the preceding sub-paragraph, give notice to the authority requiring them to furnish a plan and section thereof.
If any undertakers entitled to notice from the authority under the last preceding paragraph desire to claim that any undertakers’ works or any measures are necessary for the purposes mentioned in subsection (1) of section twenty-two of this Act as respects relevant apparatus of theirs, they shall, as early as practicable and not later than the expiration of twenty-nine days from the date of the giving to them of the authority’s notice under the last preceding paragraph (or, in the case of a road alteration as to which they have duly required a plan and section to be furnished to them, from the date on which they are furnished therewith), give notice to the authority, specifying the undertakers’ works and the measures which the undertakers claim to be so necessary.
When any undertakers entitled as aforesaid have duly given a notice under the last preceding paragraph, the authority shall give notice to the undertakers without avoidable delay either accepting the undertakers’ notice as a specification of works and measures to be treated at the instance of the undertakers as necessary for the purposes aforesaid as respects relevant apparatus of theirs, or objecting to it, and—
if the authority do not so give notice within twenty-nine days from the date on which the undertakers’ notice was given, the authority shall be deemed to have accepted it as aforesaid;
if the authority do so give notice objecting to the undertaker’s notice, such a specification may be settled by agreement between the authority and the undertakers, or, in default of agreement, the undertakers or the authority may refer the matter to arbitration and the
Except as regards emergency works, the authority’s works shall not be begun (or, if they have been begun before the giving by the undertakers of a notice under head (b) of sub-paragraph (1) of paragraph 2 of this Schedule, they shall not be continued thereafter) until—
in the case of all undertakers entitled to notice from the authority under paragraph 2 of this Schedule who have duly given a notice under paragraph 3 thereof, such a specification as aforesaid has been settled as aforesaid, or it has been agreed or determined that none of the works or measures claimed ought to be treated as aforesaid, and
any undertakers so entitled who have not given a notice under paragraph 3 of this Schedule are under the preceding provisions of this Schedule out of time for giving it.
If any authority’s works, other than emergency works, are begun without the authority’s having previously given a notice under paragraph 2 of this Schedule to undertakers whom the authority know, or ought reasonably to have known, to have relevant apparatus, the authority shall pay to those undertakers an amount equal to any loss sustained by them by reason of the failure of the authority so to give such a notice to those undertakers.
If a promoting authority desire to claim that any undertakers’ works are necessary for the purposes mentioned in subsection (2) of section twenty-two of this Act as respects relevant apparatus of any undertakers, the authority may give notice to the undertakers specifying the works which the authority claim to be so necessary.
When the promoting authority have given a notice under the preceding sub-paragraph, the provisions relating to undertakers’ works of paragraph 4 of this Schedule shall have effect with requisite adaptations as to the settlement of a specification of works to be treated at the instance of the authority as necessary for the purposes aforesaid as respects apparatus of the undertakers.
The promoting authority shall use their best endeavours to secure that any notice to be given by them to any undertakers under sub-paragraph (1) of this paragraph shall be given early enough to enable the requisite specification to be settled in the same proceedings as any specification to be settled under the said paragraph 4 at the instance of those undertakers in relation to the same authority’s works.
Where two or more operations each being authority’s works are executed in connection with each other on the same occasion by different authorities, those operations shall be treated for the purposes of sections twenty-two to twenty-five of this Act and Part I of this Schedule as together constituting the authority’s works.
In relation to authority’s works constituted by such operations as aforesaid, the obligations and rights of a promoting authority under the said sections and Part I of this Schedule to or against the undertakers shall be in one only of the authorities executing the operations in question (hereinafter referred to as the negotiating authority), and the negotiating authority shall be such one of them as may be selected by agreement between them, or, in default of agreement—
if a road alteration is included and is not one executed only because it is made necessary by another of the operations, the authority executing the road alteration, or
otherwise, the authority executing the other operation, or, if the operations include or consist of two or more other operations, such one of the authorities executing them as the Minister may select,
and a notice under paragraph 2 of this Schedule shall not be given until the negotiating authority has been selected, and a notice given thereunder shall state what authority is to be the negotiating authority.
In relation to authority’s works constituted by such operations as aforesaid references to the promoting authority in sections twenty-two to twenty-five of this Act and in Part I of this Schedule shall (except in the case of those mentioned in the succeeding sub-paragraph) be construed as references to the negotiating authority.
In relation to such authority’s works references in the following provisions to the promoting authority shall be construed as references to either or any of the authorities executing the operations in question, that is to say—
subsection (3) of section twenty-two (as to a promoting authority’s power to waive observance of the requirements therein mentioned);
subsection (1) of section twenty-three (as to the effect on the undertakers’ right to payment for works for remedying subsidence in circumstances in which such an authority were to blame); and
sections twenty-four and twenty-five (as to the effect of enactments and agreements for regulating the relations between such an authority and the undertakers).
The authorities executing such operations as aforesaid may, notwithstanding anything in the two preceding paragraphs, make provision by agreement as to the discharge and exercise of the obligations and rights which are in the negotiating authority thereunder, as to how expenses and receipts arising from the discharge and exercise thereof are to be ultimately allocated between them, or otherwise in relation thereto, and in default of agreement as to any of those matters, it shall be determined by arbitration on a reference by either or any of those authorities:
Provided that nothing in any such agreement or determination shall, except with the consent of the undertakers, affect the right conferred on them by virtue of those paragraphs to deal with the negotiating authority only.
Subsection (2) of section twenty-three of this Act (as to excluding the right of undertakers to payment under section twenty-two of this Act where conditions as to notice of authority’s works are satisfied) shall not have effect as to authority’s works constituted by such operations as aforesaid, but the undertakers shall not be entitled to any payment by virtue of section twenty-two of this Act by reference to such authority’s works so far as consisting of any operation included therein if their right thereto would have been excluded by that subsection had that operation been the only one executed.