The Contracting Out (Highway Functions) Order 1995

1.  Functions conferred on the Secretary of State as street authority for a street by or under any of the following provisions of the 1991 Act: E+W+S

(a) section 53 (the street works register);

(b) section 54(1) and (4) (advance notice of certain works to be given to the street authority and compliance with requirements imposed by the street authority);

(c) section 55(1) and (4) (notice to be given to the street authority of starting date of works and prohibition on starting works without notice except with the consent of the street authority);

(d) section 56(1) and (4) (street authority’s power to give directions as to the timing of street works and duty to have regard to the code of practice in exercising power);

(e) section 58 (restriction on works following substantial roadworks);

(f) section 59 (general duty of street authority to co-ordinate works);

(g) section 60(1) (general duty of undertaker to co-operate with the street authority with respect to the execution of street works);

(h) section 61 (protected streets) except insofar as they relate to the power to designate a street as protected;

(i) section 65(5) (street authority’s power to take steps where undertaker has failed to comply with certain obligations, and to recover costs incurred);

(j) section 66(3) and (4) (street authority’s power to give notice to undertaker to mitigate and discontinue obstruction, to take necessary steps and to recover costs incurred);

(k) section 68(1) (undertaker to afford reasonable facilities to the street authority);

(l) section 70(3) and (4) (undertaker to inform street authority of completion of interim and permanent reinstatement);

(m) section 72 (powers of street authority in relation to reinstatement);

(n) section 75 (inspection fees);

(o) section 81 (duty to maintain apparatus);

(p) section 82(1) (payment of compensation to street authority); and

(q) section 94(1) and (2) (power of street authority to enter into an agreement with an undertaker for the execution of street works).

Commencement Information

I1 Sch. 2 para. 1 in force at 25.7.1995, see art. 1(1)