Public Utilities Street Works Act 1950 (repealed 1.1.1993)

SEVENTH SCHEDULE E+W+S Application to London

Modifications etc. (not altering text)

C1 This Schedule may have been affected by private and local Acts which have not been noted

1 Section one of this Act shall not apply—

(a) to any statutory power to execute undertakers’ works in so far as it is exercisable in a subway to which the M1 London County Council (Subways) Act 1893, applies or in public service works constructed under Part V of the M2 City of London (Various Powers) Act 1900;

(b) to a power to execute undertakers’ works [F1 in default of their execution by the undertakers conferred] by section three of the London County Council (Subways) Act 1893, or conferred on the Common Council of the City of London by section thirty-three of the City of London (Various Powers) Act 1900.

Textual Amendments

F1 Words substituted by London Government Act 1963 (c. 33, SIF 81:1), s. 19(4)

Marginal Citations

M1 1893 c. ccii.

M2 1900 c. ccxxviii.

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

2—4.

Textual Amendments

F2 Sch. 7 paras. 2–4 repealed by London Government Act 1963 (c. 33, SIF 81:1), s. 93, Sch. 18 Pt. II

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5

Textual Amendments

F3 Sch. 7 paras. 5, 7(1) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

6 For the purposes of the operation of the Third Schedule to this Act in relation to a street or controlled land in [F4 any part of London other than an outer London borough], the power thereby conferred on a street authority or street managers to elect to do reinstatement and making good after the completion of code-regulated works shall extend to a case in which the works fall within the exception contained in paragraph 1 of that Schedule as to certain works relating to service pipes or service lines or [F5 overhead telecommunication apparatus], and that exception shall not apply.

Textual Amendments

F4 Words substituted by London Government Act 1963 (c. 33, SIF 81:1), s. 19(6)

F5 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 29(4)(a), Sch. 5 para. 45

7 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(2) Part II of this Act and the Fourth Schedule thereto shall not apply to apparatus of undertakers in a subway to which the M3 London County Council (Subways) Act 1893, applies or in public service works constructed under Part V of the M4 City of London (Various Powers) Act 1900.

Textual Amendments

F6 Sch. 7 paras. 5, 7(1) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30

Marginal Citations

M3 1893 c. ccii.

M4 1900 c. ccxxviii.

8 (1) Undertakers shall not, in the execution of any code-regulated works other than emergency works or works relating only to a service pipe or service line or an [F7 overhead telecommunication apparatus], break up or open a highway in the Metropolitan or the City of London police district that is part of a special road, a trunk road or a classified road so as to reduce the width of the carriageway available for vehicular traffic to less than two-thirds of the width thereof, unless they have, more than fourteen days before the date on which any breaking up or opening of the highway for the purposes of those works was begun, given notice to the Police stating the place of the intended breaking up or opening and the date intended for beginning it.

In this paragraph the expression “ the Police” means the Commissioner of City of London police in the case of a highway in the City of London police district, or the Commissioner of Police of the Metropolis in the case of a highway in the Metropolitan police district.

(2) If undertakers break up or open a highway in contravention of the preceding sub-paragraph they shall be liable on summary conviction to a fine not exceeding [F8 level 3 on the standard scale].

(3) Where pursuant to an election under subsection (1) of section ten of this Act a transport authority do the initial breaking up or opening of such a highway as aforesaid, the preceding provisions of this paragraph shall have effect with the substitution of references to the transport authority for references to the undertakers.

Textual Amendments

F7 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 29(4)(b), Sch. 5 para. 45

F8 Words substituted (E.W.) (S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

9

Textual Amendments

F9 Sch. 7 para. 9 repealed by London Government Act 1963 (c. 33, SIF 81:1), s. 93, Sch. 18 Pt. II