Railway and navigation undertakingsE+W
38.—(1) Subject to the following provisions of this article, the undertaker may not under article 9 (street works) break up or open a street where the street, not being a highway maintainable at public expense (within the meaning of the 1980 Act),—
(a)is under the control or management of, or is maintainable by, a railway undertaker or a navigation authority; or
(b)forms part of a level crossing belonging to such an undertaker or authority or to any other person,
except with the consent of the undertaker or authority or, as the case may be, of the person to whom the level crossing belongs.
(2) Paragraph (1) does not apply to the carrying out under this Order of emergency works within the meaning of Part 3 of the 1991 Act.
(3) A consent given for the purpose of paragraph (1) may be made subject to such reasonable conditions as may be specified by the person giving it but must not be unreasonably withheld or delayed.
(4) In this article, “navigation authority” means any person who has a duty or power under any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary or harbour.
Commencement Information
I1Art. 38 in force at 30.6.2015, see art. 1