Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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)

http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTHPublic Utilities Street Works Act 1950 (repealed 1.1.1993)[An Act to enact uniform provisions for regulating relations as to apparatus in streets between authorities, bodies and persons having statutory powers to place and deal with apparatus therein, and those having the control or management of streets and others concerned in the exercise of such powers; to render such powers exercisable in land which abuts on a street and is destined for use for road purposes; to make further provision for regulating the closing or restriction of use of roads for the purposes of works and as to the use of alternative routes; and for purposes connected with the matters aforesaid].1987-09-01texttext/xmlenStatute Law Database2015-09-281993-01-01 SCHEDULESFOURTH SCHEDULE

Sections 21, 22, 23, 37.

Supplementary Provisions of the Code in Part II of this ActPart I Settlement of Specification of Works and Measures to be treated as rendered necessary under the Code in Part II11

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.

2

In this Schedule the expression “relevant apparatus” means apparatus such as is mentioned in section twenty-one of this Act which is in the streetroad in question or in controlled land abutting on it.

Settlement of specification at the instance of the undertakers21

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—

a

to all undertakers whom the authority know to have relevant apparatus, and

b

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.

2

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.

3

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.

4

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—

a

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;

b

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 arbitratorarbiter shall (unless he determines that none of the works or measures claimed ought to be so treated) settle a specification of the works and measures to be so treated.

5

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—

a

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

b

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.

6

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.

Settlement of specification at the instance of the promoting authority71

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.

2

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.

3

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.

Part II Modifications of the Code in Part II of this Act to Apply where two or more Operations being Authority’s Works are Executed on the Same Occasion81

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.

2

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—

a

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

b

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.

91

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.

2

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).

10

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.

11

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.

This XML file does not appear to have any style information associated with it. The document tree is shown below.
<akomaNtoso xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xmlns="http://docs.oasis-open.org/legaldocml/ns/akn/3.0" xsi:schemaLocation="http://docs.oasis-open.org/legaldocml/ns/akn/3.0 http://docs.oasis-open.org/legaldocml/akn-core/v1.0/cos01/part2-specs/schemas/akomantoso30.xsd">
<portion includedIn="http://www.legislation.gov.uk/id/ukpga/Geo6/14/39">
<meta>
<identification source="#source">
<FRBRWork>
<FRBRthis value="http://www.legislation.gov.uk/id/ukpga/Geo6/14/39"/>
<FRBRuri value="http://www.legislation.gov.uk/id/ukpga/Geo6/14/39"/>
<FRBRdate date="1950-10-26" name="enacted"/>
<FRBRauthor href="http://www.legislation.gov.uk/id/legislature/UnitedKingdomParliament"/>
<FRBRcountry value="GB-UKM"/>
<FRBRnumber value="39"/>
<FRBRname value="1950 c. 39"/>
<FRBRprescriptive value="true"/>
</FRBRWork>
<FRBRExpression>
<FRBRthis value="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH"/>
<FRBRuri value="http://www.legislation.gov.uk/ukpga/Geo6/14/39"/>
<FRBRdate date="1993-01-01" name="validFrom"/>
<FRBRauthor href="#source"/>
<FRBRlanguage language="eng"/>
</FRBRExpression>
<FRBRManifestation>
<FRBRthis value="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.akn"/>
<FRBRuri value="http://www.legislation.gov.uk/ukpga/Geo6/14/39/data.akn"/>
<FRBRdate date="2024-10-30Z" name="transform"/>
<FRBRauthor href="http://www.legislation.gov.uk"/>
<FRBRformat value="application/akn+xml"/>
</FRBRManifestation>
</identification>
<lifecycle source="#source">
<eventRef date="1950-10-26" type="generation" eId="enacted-date" source="#source"/>
<eventRef date="1991-02-01" type="amendment" source="#source"/>
<eventRef date="1993-01-01" type="amendment" source="#source"/>
<eventRef date="1993-01-01" eId="effective-date-1" source="#source"/>
</lifecycle>
<analysis source="#source">
<passiveModifications>
<textualMod type="insertion" eId="mod-d29p7801">
<source href="#c6309011"/>
<destination href="#schedule-FOURTH-paragraph-1-2"/>
</textualMod>
<textualMod type="insertion" eId="mod-d29p7804">
<source href="#c6309011"/>
<destination href="#schedule-FOURTH-paragraph-1-2"/>
</textualMod>
<textualMod type="insertion" eId="mod-d29p7888">
<source href="#c6309031"/>
<destination href="#schedule-FOURTH-paragraph-4-b"/>
</textualMod>
<textualMod type="insertion" eId="mod-d29p7891">
<source href="#c6309031"/>
<destination href="#schedule-FOURTH-paragraph-4-b"/>
</textualMod>
</passiveModifications>
<restrictions source="#source">
<restriction refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#d4e66" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-1" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-2" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-3" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-4" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-5" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-6" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-7" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-8" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-9" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-10" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-paragraph-11" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-part-I" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-part-I-crossheading-settlement-of-specification-at-the-instance-of-the-promoting-authority" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-part-I-crossheading-settlement-of-specification-at-the-instance-of-the-undertakers" refersTo="#e+w+s" type="jurisdiction"/>
<restriction href="#schedule-FOURTH-part-II" refersTo="#e+w+s" type="jurisdiction"/>
</restrictions>
</analysis>
<temporalData source="#source">
<temporalGroup eId="period1">
<timeInterval end="#effective-date-1" refersTo="#period-concept1"/>
</temporalGroup>
<temporalGroup eId="period2">
<timeInterval start="#effective-date-1" refersTo="#period-concept2"/>
</temporalGroup>
</temporalData>
<references source="#source">
<TLCOrganization eId="source" href="http://www.legislation.gov.uk/id/publisher/StatuteLawDatabase" showAs="Statute Law Database"/>
<TLCLocation eId="e+w+s" href="/ontology/jurisdictions/uk.EnglandWalesScotland" showAs="England, Wales, Scotland"/>
<TLCTerm eId="term-relevant-apparatus" href="/ontology/term/uk.relevant-apparatus" showAs="relevant apparatus"/>
<TLCConcept eId="period-concept1" href="/ontology/time/1993.01.01" showAs="since 1993-01-01"/>
</references>
<notes source="#source">
<note class="commentary F" eId="c6300771">
<p>
Act repealed (1.1.1993) by
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22">New Roads and Street Works Act 1991 (c. 22, SIF 59, 108)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/168/2">s. 168(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/schedule/9">Sch.9</ref>
(with savings in
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/103/5">ss. 103(5)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/161/2">161(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/162/5">162(5)</ref>
); (E.W.)
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2984">S.I. 1992/2984</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2984/article/2/2">art. 2(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2984/schedule/2">Sch.2</ref>
; (S.)
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2990">S.I. 1992/2990</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2990/article/2/2">art. 2(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2990/schedule/2">Sch.2</ref>
.
</p>
</note>
<note class="commentary F" eId="c6300571">
<p>
Act repealed (1.1.1993) by
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22">New Roads and Street Works Act 1991 (c. 22, SIF 59, 108)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/168/2">s. 168(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/schedule/9">Sch. 9</ref>
(with savings in
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/103/5">ss. 103(5)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/161/2">161(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1991/22/section/162/5">162(5)</ref>
); (E.W.)
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2984">S.I. 1992/2984</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2984/article/2/2">art. 2(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2984/schedule/2">Sch.2</ref>
; (S.)
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2990">S.I. 1992/2990</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2990/article/2/2">art. 2(2)</ref>
,
<ref href="http://www.legislation.gov.uk/id/uksi/1992/2990/schedule/2">Sch.2</ref>
.
</p>
</note>
<note class="commentary C" eId="c6309001">
<p>
<ref href="http://www.legislation.gov.uk/id/ukpga/Geo6/14/39/schedule/4">Sch. 4</ref>
extended (16.3.1992) by
<ref href="http://www.legislation.gov.uk/id/ukla/1992/7">Midland Metro Act 1992 (c. vii)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukla/1992/7/section/8/3">s. 8(3)</ref>
</p>
</note>
<note class="commentary F" eId="c6309011">
<p>
Word “road” substituted (S.) for word “street” by
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/50">Roads (Scotland) Act 1984 (c. 50, SIF 108)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/50/schedule/9/paragraph/39/36/a">Sch. 9 para. 39(36)(a)</ref>
</p>
</note>
<note class="commentary F" eId="c6309031">
<p>
Word “arbiter” substituted (S.) for word “arbitrator” by
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/54">Roads (Scotland) Act 1984 (c. 54, SIF 108)</ref>
,
<ref href="http://www.legislation.gov.uk/id/ukpga/1984/54/schedule/9/paragraph/39/36/b">Sch. 9 para. 39(36)(b)</ref>
</p>
</note>
</notes>
<proprietary xmlns:ukl="http://www.legislation.gov.uk/namespaces/legislation" xmlns:ukm="http://www.legislation.gov.uk/namespaces/metadata" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:dct="http://purl.org/dc/terms/" xmlns:atom="http://www.w3.org/2005/Atom" source="#source">
<ukl:RestrictStartDate value="1993-01-01"/>
<dc:identifier>http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH</dc:identifier>
<dc:title>Public Utilities Street Works Act 1950 (repealed 1.1.1993)</dc:title>
<dc:description>[An Act to enact uniform provisions for regulating relations as to apparatus in streets between authorities, bodies and persons having statutory powers to place and deal with apparatus therein, and those having the control or management of streets and others concerned in the exercise of such powers; to render such powers exercisable in land which abuts on a street and is destined for use for road purposes; to make further provision for regulating the closing or restriction of use of roads for the purposes of works and as to the use of alternative routes; and for purposes connected with the matters aforesaid].</dc:description>
<dc:date>1987-09-01</dc:date>
<dc:type>text</dc:type>
<dc:format>text/xml</dc:format>
<dc:language>en</dc:language>
<dc:publisher>Statute Law Database</dc:publisher>
<dc:modified>2015-09-28</dc:modified>
<dct:valid>1993-01-01</dct:valid>
<atom:link rel="self" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.xml" type="application/xml"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/resources" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/resources" title="More Resources"/>
<atom:link rel="http://purl.org/dc/terms/provenance" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/introduction#commentary-c6300571" title="textual amendment"/>
<atom:link rel="http://purl.org/dc/terms/provenance" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/introduction#commentary-c6300771" title="textual amendment"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/act" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39" title="whole act"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/introduction" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/introduction" title="introduction"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/body" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/body" title="body"/>
<atom:link rel="http://www.legislation.gov.uk/def/navigation/schedules" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedules" title="schedules"/>
<atom:link rel="alternate" type="application/rdf+xml" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.rdf" title="RDF/XML"/>
<atom:link rel="alternate" type="application/akn+xml" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.akn" title="AKN"/>
<atom:link rel="alternate" type="application/xhtml+xml" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.xht" title="HTML snippet"/>
<atom:link rel="alternate" type="text/html" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.htm" title="Website (XHTML) Default View"/>
<atom:link rel="alternate" type="text/csv" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.csv" title="CSV"/>
<atom:link rel="alternate" type="application/pdf" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.pdf" title="PDF"/>
<atom:link rel="alternate" type="application/akn+xhtml" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/data.html" title="HTML5 snippet"/>
<atom:link rel="http://purl.org/dc/terms/tableOfContents" hreflang="en" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/contents" title="Table of Contents"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/1991-02-01" title="1991-02-01"/>
<atom:link rel="http://purl.org/dc/terms/hasVersion" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FOURTH/1993-01-01" title="1993-01-01"/>
<atom:link rel="up" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39" title="Entire legislation"/>
<atom:link rel="prev" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/THIRD" title="Schedule; Schedule THIRD"/>
<atom:link rel="prevInForce" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/introduction" title="Introduction; Introduction"/>
<atom:link rel="next" href="http://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/FIFTH" title="Schedule; Schedule FIFTH"/>
<ukm:PrimaryMetadata>
<ukm:DocumentClassification>
<ukm:DocumentCategory Value="primary"/>
<ukm:DocumentMainType Value="UnitedKingdomPublicGeneralAct"/>
<ukm:DocumentStatus Value="revised"/>
</ukm:DocumentClassification>
<ukm:Year Value="1950"/>
<ukm:Number Value="39"/>
<ukm:AlternativeNumber Category="Regnal" Value="14_Geo_6"/>
<ukm:EnactmentDate Date="1950-10-26"/>
</ukm:PrimaryMetadata>
<ukm:Alternatives>
<ukm:Alternative URI="http://www.legislation.gov.uk/ukpga/1950/39/pdfs/ukpga_19500039_en.pdf" Date="2015-07-30" Size="11669865"/>
</ukm:Alternatives>
<ukm:Statistics>
<ukm:TotalParagraphs Value="95"/>
<ukm:BodyParagraphs Value="41"/>
<ukm:ScheduleParagraphs Value="54"/>
<ukm:AttachmentParagraphs Value="0"/>
<ukm:TotalImages Value="0"/>
</ukm:Statistics>
</proprietary>
</meta>
<portionBody>
<hcontainer name="schedules" eId="d4e66" period="#period1">
<heading> SCHEDULES</heading>
<hcontainer name="schedule" eId="schedule-FOURTH" period="#period1">
<num>
<noteRef href="#c6309001" marker="C1" class="commentary C"/>
FOURTH SCHEDULE
<authorialNote class="referenceNote" placement="right">
<p>Sections 21, 22, 23, 37.</p>
</authorialNote>
</num>
<heading> Supplementary Provisions of the Code in Part II of this Act</heading>
<part eId="schedule-FOURTH-part-I" period="#period1">
<num>Part I</num>
<heading> Settlement of Specification of Works and Measures to be treated as rendered necessary under the Code in Part II</heading>
<paragraph eId="schedule-FOURTH-paragraph-1" period="#period1">
<num>1</num>
<heading/>
<subparagraph eId="schedule-FOURTH-paragraph-1-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-FOURTH-paragraph-1-2">
<num>2</num>
<content>
<p>
In this Schedule the expression “
<term refersTo="#term-relevant-apparatus">relevant apparatus</term>
” means apparatus such as is mentioned in section twenty-one of this Act which is in the
<ins class="d29p7801 first last">
<noteRef href="#c6309011" marker="F3" class="commentary attribute F"/>
street
</ins>
<ins class="d29p7804 first last">
<noteRef href="#c6309011" marker="F3" class="commentary attribute F"/>
road
</ins>
in question or in controlled land abutting on it.
</p>
</content>
</subparagraph>
</paragraph>
<hcontainer name="crossheading" eId="schedule-FOURTH-part-I-crossheading-settlement-of-specification-at-the-instance-of-the-undertakers" period="#period1">
<heading> Settlement of specification at the instance of the undertakers</heading>
<paragraph eId="schedule-FOURTH-paragraph-2" period="#period1">
<num>2</num>
<heading/>
<subparagraph eId="schedule-FOURTH-paragraph-2-1">
<num>1</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-FOURTH-paragraph-2-1-a">
<num>a</num>
<content>
<p>to all undertakers whom the authority know to have relevant apparatus, and</p>
</content>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-2-1-b">
<num>b</num>
<content>
<p>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.</p>
</content>
</paragraph>
</subparagraph>
<subparagraph eId="schedule-FOURTH-paragraph-2-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-3" period="#period1">
<num>3</num>
<heading/>
<content>
<p>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.</p>
</content>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-4" period="#period1">
<num>4</num>
<heading/>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-FOURTH-paragraph-4-a">
<num>a</num>
<content>
<p>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;</p>
</content>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-4-b">
<num>b</num>
<content>
<p>
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
<ins class="d29p7888 first last">
<noteRef href="#c6309031" marker="F4" class="commentary attribute F"/>
arbitrator
</ins>
<ins class="d29p7891 first last">
<noteRef href="#c6309031" marker="F4" class="commentary attribute F"/>
arbiter
</ins>
shall (unless he determines that none of the works or measures claimed ought to be so treated) settle a specification of the works and measures to be so treated.
</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-5" period="#period1">
<num>5</num>
<heading/>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-FOURTH-paragraph-5-a">
<num>a</num>
<content>
<p>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</p>
</content>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-5-b">
<num>b</num>
<content>
<p>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.</p>
</content>
</paragraph>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-6" period="#period1">
<num>6</num>
<heading/>
<content>
<p>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.</p>
</content>
</paragraph>
</hcontainer>
<hcontainer name="crossheading" eId="schedule-FOURTH-part-I-crossheading-settlement-of-specification-at-the-instance-of-the-promoting-authority" period="#period1">
<heading> Settlement of specification at the instance of the promoting authority</heading>
<paragraph eId="schedule-FOURTH-paragraph-7" period="#period1">
<num>7</num>
<heading/>
<subparagraph eId="schedule-FOURTH-paragraph-7-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-FOURTH-paragraph-7-2">
<num>2</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-FOURTH-paragraph-7-3">
<num>3</num>
<content>
<p>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.</p>
</content>
</subparagraph>
</paragraph>
</hcontainer>
</part>
<part eId="schedule-FOURTH-part-II" period="#period1">
<num>Part II</num>
<heading> Modifications of the Code in Part II of this Act to Apply where two or more Operations being Authority’s Works are Executed on the Same Occasion</heading>
<paragraph eId="schedule-FOURTH-paragraph-8" period="#period1">
<num>8</num>
<heading/>
<subparagraph eId="schedule-FOURTH-paragraph-8-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-FOURTH-paragraph-8-2">
<num>2</num>
<intro>
<p>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—</p>
</intro>
<paragraph eId="schedule-FOURTH-paragraph-8-2-a">
<num>a</num>
<content>
<p>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</p>
</content>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-8-2-b">
<num>b</num>
<content>
<p>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,</p>
</content>
</paragraph>
<wrapUp>
<p>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.</p>
</wrapUp>
</subparagraph>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-9" period="#period1">
<num>9</num>
<heading/>
<subparagraph eId="schedule-FOURTH-paragraph-9-1">
<num>1</num>
<content>
<p>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.</p>
</content>
</subparagraph>
<subparagraph eId="schedule-FOURTH-paragraph-9-2">
<num>2</num>
<content>
<p>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—</p>
<blockList class="unordered">
<item>
<p>subsection (3) of section twenty-two (as to a promoting authority’s power to waive observance of the requirements therein mentioned);</p>
</item>
<item>
<p>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</p>
</item>
<item>
<p>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).</p>
</item>
</blockList>
</content>
</subparagraph>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-10" period="#period1">
<num>10</num>
<heading/>
<content>
<p>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:</p>
<blockContainer class="BlockText">
<p>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.</p>
</blockContainer>
</content>
</paragraph>
<paragraph eId="schedule-FOURTH-paragraph-11" period="#period1">
<num>11</num>
<heading/>
<content>
<p>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.</p>
</content>
</paragraph>
</part>
</hcontainer>
</hcontainer>
</portionBody>
</portion>
</akomaNtoso>