Special Roads Act 1949

4 Restriction on laying of mains, etc., in special roads

(1) Subject to the provisions of this section, the powers conferred on statutory undertakers by or under any enactment to lay down or erect any apparatus on, under or over any land shall not be exercisable in relation to any land comprised in the route of a special road except with the consent of the special road authority :

Provided that the consent of the special road authority shall not be required under this section for the laying down or erection by statutory undertakers of any apparatus by way of renewal of any apparatus for the time being vested in or belonging to them.

(2) The consent of a special road authority under this section may be given subject to conditions, but those conditions shall not include a condition requiring any payment to be made by the undertakers to the special road authority in respect of the exercise of the powers to the exercise of which the consent is given.

(3) Where any apparatus in respect of which the consent of a special road authority is required under this section is to be laid down or erected along a line crossing the route of the special road but not running along that route, that authority—

(a) shall not withhold their consent under this section unless there are special reasons for doing so ; and

(b) may, if they give their consent subject to conditions, make contributions to the statutory undertakers in respect of any expenses incurred by them in complying therewith.

(4) Any dispute between a special road authority and any statutory undertakers in respect of—

(a) the withholding of the consent of that authority in respect of apparatus to be laid down or erected as mentioned in the last foregoing subsection ; or

(b) the imposition of any condition on the grant of such consent ; or

(c) the making of any contributions under paragraph (b) of the last foregoing subsection,

shall be determined by arbitration ; and where the Minister is the special road authority, the arbitrator shall be a single arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers.

(5) Where the consent of a special road authority is required under this section in respect of apparatus to be laid down or erected otherwise than as mentioned in subsection (3) of this section, and the special road authority are a local highway authority, then—

(a) if the apparatus is to be laid under the carriageway of the road, the authority shall not give their consent except with the approval of the Minister ;

(b) if the consent of the authority is refused (otherwise than in consequence of the withholding of the Minister's approval under the foregoing paragraph) or is granted . subject to conditions (other than conditions approved by the Minister under that paragraph) the statutory undertakers may appeal to the Minister, and the Minister may make such order as he thinks fit.

(6) The provisions of this section shall have effect in addition to and not in substitution for the provisions of any other enactment restricting or regulating the powers of any statutory undertakers to break open streets or enter upon land for the purpose of laying down or erecting apparatus.

(7) In the application of this section to Scotland, in subsection (4) for the words from " by arbitration " to the end of that subsection there shall be substituted the words " by a single arbiter appointed, in default of agreement, by any sheriff having jurisdiction; and at any stage of the proceedings in any such arbitration the arbiter may, and shall if so directed by the Court of Session, state a case for the opinion of that Court on any question of law arising in the arbitration ".