The New Roads and Street Works Act 1991 (Commencement No. 3) Order 1992

Statutory Instruments

1992 No. 1686 (C.57)

HIGHWAYS, ENGLAND AND WALES

The New Roads and Street Works Act 1991 (Commencement No. 3) Order 1992

Made

13th July 1992

The Secretary of State for Transport, in exercise of the powers conferred by section 170 of the New Roads and Street Works Act 1991(1) and of all other enabling powers, hereby makes the following Order:—

1.  This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No. 3) Order 1992.

2.  In this Order “the Act” means the New Roads and Street Works Act 1991.

3.  The 14th July 1992 is hereby appointed as the day on which the provisions of the Act specified in the Schedule to this Order come into force.

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle

Parliamentary Under Secretary of State,

Department of Transport

13th July 1992

SCHEDULE

Provisions of the Act which come into force on 14th July 1992.

• Sections 48 and 49

• Section 52

• Section 53(4), (5) and (6)

• Section 54

• Section 56

• Section 59(3)

• Section 60(2)

• Sections 62 to 64

• Section 65(3)

• Section 67

• Section 70(4)

• Section 71

• Section 75

• Section 81(3) and (4)

• Section 84(2)

• Section 85

• Sections 86 and 87

• Sections 97 to 99

• Sections 104 to 106

• Section 167(4) and (5) so far as they relate to England and Wales

• Schedule 4.

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order brings into force on 14th July 1992 the following provisions of the New Roads and Street Works Act 1991.

Section 48 (streets, street works and undertakers);

Section 49 (the street authority and other relevant authorities);

Section 52 (emergency works);

Section 53(4), (5) and (6) (arrangements and regulations by the Secretary of State for the street works register);

Section 54 (advance notice of certain works);

Section 56 (power to give directions as to timing of street works);

Section 59(3) (duty of Secretary of State to issue or approve codes of practice relating to duty of street authority to co-ordinate works);

Section 60(2) (duty of Secretary of State to issue or approve codes of practice relating to general duty of undertakers to co-operate);

Section 62 (supplementary provisions as to designation of protected streets);

Sections 63 and 64 (streets with special engineering difficulties and traffic-sensitive streets);

Section 65(3) (duty of Secretary of State to issue or approve codes of practice relating to safety measures);

Section 67 (qualifications of supervisors and trained operatives);

Section 70(4) (power of Secretary of State to prescribe longer period than that set out in the subsection for permanent reinstatement following interim reinstatement);

Section 71 (power of Secretary of State to prescribe materials, standards of workmanship and performance and to issue or approve codes of practice relating to reinstatement);

Section 75 (inspection fees);

Section 81(3) and (4) (power of Secretary of State to make regulations concerning inspection and maintenance of apparatus);

Section 84(2) (power of Secretary of State to issue or approve code of practice relating to measures necessary where apparatus affected by major works);

Section 85 (power of Secretary of State to make regulations as to sharing of cost of such necessary measures);

Sections 86 and 87 (highway authorities, highways and related matters and prospectively maintainable highways);

Sections 97, 98 and 99 (service of notices and other documents, reckoning of periods and arbitration);

Sections 104, 105 and 106 (regulations, minor definitions and index of defined expressions);

Section 167(4) and (5) (application to the Crown);

Schedule 4 (streets with special engineering difficulties).

Note as to Earlier Commencement Orders

NOTE AS TO EARLIER COMMENCEMENT ORDERS

The following provisions of the New Roads and Street Works Act 1991 have been brought into force by commencement orders made before the date of this Order.

Provision	Date of Commencement	S.I. No.
Part II (except sections 43 and 44)	21st October 1991	1991/2286
Section 166 (partially Scotland)
Section 167 (partially Scotland)
Section 168 (partially Scotland)
Schedule 8 (partially Scotland)
Schedule 9 (partially Scotland)
Sections 43 and 44	1st November 1991
Section 168 (partially Scotland)
Schedule 8 (partially Scotland)
Schedule 9 (partially Scotland)
Part I	1st November 1991	1991/2288
Section 166 (1) (England and Wales)
Section 167 (1), (2), (3) and (6) (England and Wales)
Section 168 (partially)
Sections 169(1), 170 and 171
Schedule 8, Part II (England and Wales)
Schedule 8, Part IV (partially)
Schedule 9 (partially) (England and Wales)

(1)

1991 c. 22.