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New Roads and Street Works Act 1991

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Part IE+W+S+N.I. New Roads in England and Wales

Concession agreementsE+W

1 Concession agreements.E+W

(1)In this Part a “concession agreement” means an agreement entered into by a highway authority under which a person (the “concessionaire”), in return for undertaking such obligations as may be specified in the agreement with respect to the design, construction, maintenance, operation or improvement of a special road, is appointed to enjoy the right (conferred or to be conferred by a toll order under this Part) to charge tolls in respect of the use of the road.

References in this Part to a concession agreement are to the agreement as varied or supplemented from time to time.

(2)Except as otherwise expressly provided by this Part, the provisions of the M1Highways Act 1980 apply in relation to a special road in relation to which a concession agreement is in force (referred to in this Part as a “road subject to a concession”) as in relation to any other special road provided or to be provided by the highway authority.

(3)A concession agreement shall provide that any land held by the concessionaire which in the opinion of the highway authority is required, in connection with the matters provided for in the agreement, for any purpose for which the authority may acquire land under Part XII of the M2Highways Act 1980 shall be transferred to the highway authority without payment.

(4)A concession agreement relating to the design and construction of a special road shall provide that if the special road scheme authorising the provision of the road is not made or confirmed, or if the highway authority decide not to proceed with the proposed road, the authority shall pay to the concessionaire such compensation in respect of costs incurred by him as may be determined in accordance with the agreement.

(5)A concession agreement relating to the design and construction of a special road shall provide that if the concessionaire fails to complete the road in accordance with the agreement, he shall, without prejudice to any other liability, pay to the highway authority such compensation as may be determined in accordance with the agreement in respect of costs incurred by them.

Those costs shall be taken to include the relevant administrative expenses of the authority, including an appropriate sum in respect of general staff costs and overheads.

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Marginal Citations

2 Exercise of highway functions by concessionaire.E+W

(1)A concession agreement may authorise the concessionaire to exercise in place of the highway authority such highway functions to which this section applies as may be specified in the agreement.

(2)For this purpose “highway functions” means all functions in relation to the road subject to the concession which are exercisable, in whatever capacity, by the authority who are the highway authority; and this section applies to all such functions, except—

(a)powers to make schemes or orders under the Highways Act 1980,

(b)powers to make regulations or orders, or give directions, under the M3Road Traffic Regulation Act 1984, and

(c)such other functions as may be prescribed by the Secretary of State by regulations.

(3)A highway function exercisable by the concessionaire may be exercised by the highway authority themselves only—

(a)in an emergency, or

(b)if it appears to the authority that such exercise is necessary or expedient in the interests of road safety, or

(c)if it appears to the authority that the concessionaire has failed or is unable properly to discharge the function in any respect;

and the highway authority shall not be liable for anything done or omitted by the concessionaire in the exercise or purported exercise of a highway function.

(4)The highway authority may recover from the concessionaire the costs incurred by them in exercising in the circumstances mentioned in subsection (3)(a), (b) or (c) a highway function exercisable by the concessionaire.

Those costs shall be taken to include the relevant administrative expenses of the authority, including an appropriate sum in respect of general staff costs and overheads.

(5)The concessionaire shall in the exercise of a highway function act in accordance with the terms of the concession agreement; and the agreement may provide for the withdrawal of the concessionaire’s authority to exercise any such function.

(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Marginal Citations

3 Provisions as to traffic regulation.E+W

(1)The following provisions have effect with respect to the operation of the M4Road Traffic Regulation Act 1984 (“the 1984 Act”) in relation to a road subject to a concession.

(2)The traffic authority shall consult the concessionaire before making any regulations or order under the 1984 Act specifically relating to the road.

(3)The concessionaire may cause or permit traffic signs (within the meaning of section 64(1) of the 1984 Act) to be placed on or near the road, but subject to any directions given by the traffic authority.

If the concessionaire fails to comply with a direction of the traffic authority as to the placing of traffic signs, the authority may themselves carry out the work required and recover from the concessionaire the expenses reasonably incurred by them in doing so.

(4)The concessionaire may issue a notice under section 14 of the 1984 Act (temporary restriction or prohibition of traffic) having the same effect as a notice issued under that section by the traffic authority.

The Secretary of State may by regulations make provision excluding in relation to such a notice issued by a concessionaire the provisions of the 1984 Act relating to—

(a)the procedure in connection with the issue of the notice,

(b)the maximum duration of the notice, and

(c)the making of provision in relation to alternative roads,

and making instead such other provision as appears to him to be appropriate.

(5)A notice issued by the concessionaire by virtue of subsection (4) may be revoked or varied by the traffic authority and shall cease to have effect if provision inconsistent with it is made by that authority by order or notice under section 14 of the 1984 Act.

(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Marginal Citations

4 Leasing of land to concessionaire.E+W

(1)A highway authority who have entered into a concession agreement may grant to the concessionaire a lease of any land if it appears to the authority to be expedient to do so for the purpose of or in connection with the exercise by the concessionaire of his functions under the agreement.

(2)No enactment or rule of law regulating the rights and obligations of landlords and tenants shall prejudice the operation of an agreement between the authority and the concessionaire as to the terms on which land which is the subject of a lease granted under subsection (1) is provided for the concessionaire’s use.

(3)Accordingly no such enactment or rule of law applies in relation to the rights and obligations of the parties to a lease so granted—

(a)so as to exclude or modify in any respect any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b)so as to confer or impose on either party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease;

(c)so as to restrict the enforcement (whether by action for damages or otherwise) by either party to the lease of any obligation of the other party under the lease.

5 Transfer or termination of concession.E+W

(1)The rights of a concessionaire under a concession agreement may be assigned with the consent of the highway authority; and references in this Part to the concessionaire shall be construed as references to the person for the time being entitled to exercise those rights.

(2)On the termination of a concession agreement (by effluxion of time or otherwise) there shall be transferred to the highway authority by virtue of this section all such property, rights and liabilities of the concessionaire as in accordance with the concession agreement fall to be so transferred in the circumstances.

Schedule 1 contains supplementary provisions with respect to that transfer.

(3)Where a concession agreement terminates or is terminated before the end of the toll period, the highway authority—

(a)shall take reasonable steps to secure the appointment of a new concessionaire, and

(b)may, for a period of not more than two years until a new appointment or an extension toll order takes effect or the toll period ends, charge and collect tolls in the same way as a concessionaire.

(4)A concession agreement may contain provision as to the circumstances in which, and extent to which, any sum received by the highway authority—

(a)in consideration for the appointment of a new concessionaire, or

(b)by way of tolls collected by virtue of subsection (3)(b),

is to be applied for the benefit of the former concessionaire or his creditors, as the case may be.

Toll ordersE+W

6 Toll orders.E+W

(1)An order authorising the charging of tolls (a “toll order”) may be made in relation to a special road proposed to be provided by a highway authority.

The order shall state whether it authorises the charging of tolls by a concessionaire or by the highway authority.

(2)A toll order relating to a special road to be provided by the Secretary of State shall be made by the Secretary of State; and a toll order relating to a special road to be provided by a local highway authority shall be made by the authority and confirmed by the Secretary of State.

(3)Schedule 2 has effect as to the making or confirmation of a toll order and as to its validity and date of operation.

(4)The proceedings required to be taken in relation to a toll order shall (so far as practicable) be taken concurrently with the proceedings required to be taken under the M5Highways Act 1980 in relation to the special road scheme authorising the provision of the road to which the order relates.

(5)The Secretary of State shall not make or confirm the scheme or the toll order unless he makes or confirms them both.

(6)The power conferred on the Secretary of State by this section to make or confirm a toll order is exercisable by statutory instrument.

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Marginal Citations

7 The toll period.E+W

(1)A toll order shall provide for tolls to be chargeable for a period (the “toll period”) specified in or determined in accordance with the order.

(2)The order may provide for the toll period to end—

(a)on a date, or at the end of a period, specified in the order, or

(b)on a date determined by reference to—

(i)the achievement of a specified financial objective, or

(ii)the passage of a specified number of vehicles,

or such other factors, or combinations of factors, as may be specified in the order, or

(c)on whichever is the earlier or later of dates specified in or determined in accordance with the order.

(3)In the case of a toll order authorising the charging of tolls by a concessionaire, it is for the highway authority to decide any matter relevant to determining the date on which the toll period ends.

8 Amount of tolls chargeable by concessionaire.E+W

(1)A toll order authorising the charging of tolls by a concessionaire shall specify the maximum tolls which may be charged if, and only if, the road to which the order relates consists of or includes a major crossing to which there is no reasonably convenient alternative.

(2)The Secretary of State may make provision by regulations as to what is to be treated as a major crossing for this purpose and as to the circumstances in which another route is to be taken to be, or not to be, a reasonably convenient alternative.

(3)Subject to any such regulations, a major crossing means a crossing of navigable waters more than 100 metres wide and a reasonably convenient alternative means another crossing (other than a ferry) which is free of toll and is within five miles of the crossing in question.

For this purpose—

(a)the width of tidal waters shall be ascertained by reference to the mean high-water mark and the width of other waters by reference to the ordinary limits of the waters, and

(b)the distance between two crossings shall be taken to be the shortest distance between the centre lines of the two crossings.

(4)The order shall specify the maximum tolls which may be charged for the use of the crossing or any length of the road including the crossing; and if the condition as to absence of a reasonably convenient alternative is satisfied in relation to certain types of traffic only, the order shall make provision only in relation to those types of traffic.

If that condition ceases to be satisfied, generally or in relation to certain types of traffic, the provisions of the order as to maximum tolls shall cease to apply, or cease to apply to that type of traffic, for so long as that remains the case.

(5)The order may specify different maxima for different descriptions of traffic (which need not correspond with the classes of traffic prescribed by the special road scheme) and may provide for the amounts to be varied in accordance with a formula specified in the order.

(6)Regulations under this section shall be made by statutory instrument and shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

Any regulations so made do not apply in relation to an order if notice of the draft order, and of the relevant draft special road scheme, have been published before the regulations come into force.

9 Amount of tolls chargeable by highway authority.E+W

(1)A toll order authorising the charging of tolls by the highway authority shall in every case specify the maximum tolls which may be charged for the use of the road or any length of the road in respect of which tolls are charged.

(2)The order may specify different maxima for different descriptions of traffic (which need not correspond with the classes of traffic prescribed by the special road scheme) and may provide for the amounts to be varied in accordance with a formula specified in the order.

10 Application of enactments relating to monopolies, &c.E+W

(1)For the purposes of—

(a)the M6Fair Trading Act 1973,

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a person authorised by a toll order to charge tolls shall be deemed to supply a service, namely, providing the facility to use the road in return for the toll charged.

(2)Where the toll charged is subject to a maximum specified by the toll order, the M7Fair Trading Act 1973 has effect—

(a)as if the service deemed by subsection (1) above to be supplied were among those listed in Part I of Schedule 7 to that Act (services excluded from Director’s power to make monopoly reference), F2. . .

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F1S. 10(1)(b)(c)(3) repealed (1.3.2000) by S.I. 2000/311, art. 27

F2S. 10(2)(b) and the word “and” immediately preceding it repealed (1.4.1994) by 1993 c. 43, ss. 152(1)(3), 154(2), Sch. 12 para 29, Sch. 14; S.I. 1994/571, art. 5

Marginal Citations

11 Variation or revocation of toll order.E+W

(1)A toll order may be varied or revoked—

(a)by an order made by the Secretary of State if he is the highway authority for the road, and

(b)by an order made by the highway authority and confirmed by the Secretary of State in any other case.

(2)The Secretary of State may confirm an order made by another authority either without modifications or subject to such modifications as he thinks fit.

(3)A toll order may not be varied so as to extend the toll period; and a toll order which does not authorise the charging of tolls in respect of the whole length of the special road to which it relates may not be varied so as to extend the length of road in respect of which tolls may be charged.

(4)A toll order relating to a road subject to a concession may not be varied or revoked without the consent of the concessionaire.

(5)An order under this section may contain such supplementary, incidental and transitional provisions as appear to the highway authority to be necessary or expedient.

(6)An order under this section made by the Secretary of State, and an instrument made by the Secretary of State confirming an order under this section made by another authority, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The provisions of Schedule 2 (procedure in connection with toll orders) do not apply.

12 Extension toll orders.E+W

(1)An order authorising the charging of tolls by the highway authority (an “extension toll order”) may be made in relation to a road which is or has been subject to a concession.

(2)An extension toll order relating to a special road for which the Secretary of State is the highway authority shall be made by the Secretary of State; and an extension toll order relating to a road for which the highway authority is a local highway authority shall be made by that authority and confirmed by the Secretary of State.

(3)Any extension toll order must be made so as to come into force not later than—

(a)the end of the toll period under the previous toll order, or

(b)where the concession agreement terminates or is terminated before the end of that period, two years after the termination of the agreement,

whichever is the earlier.

(4)The following provisions of this Act apply in relation to an extension toll order as in relation to a toll order under section 6(1)—

  • section 7(1) and (2) (the toll period),

  • section 9 (amount of tolls chargeable by highway authority),

  • section 10 (application of enactments relating to monopolies, &c.),

  • section 11 (variation or revocation of order),

  • sections 13 to 17 (further provisions with respect to tolls), and

  • section 18 (annual report by Secretary of State).

(5)An extension toll order made by the Secretary of State, and an instrument made by the Secretary of State confirming an extension toll order made by a local highway authority, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The provisions of Schedule 2 (procedure in connection with toll orders) do not apply.

Further provisions with respect to tollsE+W

13 Further provisions as to charging of tolls.E+W

(1)A toll order may contain provision exempting from liability for tolls such descriptions of traffic as may be specified in the order.

This does not affect the power of the person authorised by the order to charge tolls to grant such other exemptions from toll as he thinks fit.

(2)A toll order shall contain provision exempting from liability to pay any toll—

(a)a police vehicle, identifiable as such by writing or markings on it or otherwise by its appearance, if being used for police purposes;

[F3(b)a vehicle which is exempt from vehicle excise duty under—

(i)paragraph 4 (fire engines),

(ii)paragraph 6 (ambulances),

(iii)paragraph 18 (invalid carriages),

(iv)paragraph 19 (vehicles for use by or for purposes of certain disabled people), or

(v)paragraph 20 (vehicles used for carriage of disabled people by recognised bodies),

of Schedule 2 to the Vehicle Excise and Registration Act 1994.]

(3)A person authorised by a toll order to charge tolls may, subject to the provisions of the order—

(a)suspend the collection of tolls;

(b)enter into agreements under which persons compound in advance, on such terms as may be agreed, for the payment of tolls;

(c)charge different tolls according to—

(i)the distance travelled, or

(ii)the day, time of day, week, month or other period; and

(d)charge different tolls for different descriptions of traffic.

In the case of a concessionaire the powers mentioned above are exercisable subject to the provisions of the concession agreement.

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Amendments (Textual)

F3S. 13(2)(b) substituted for s. 36(2)(b)-(d) (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 28 (with s. 57(4))

14 Collection of tolls.E+W

(1)The Secretary of State may make provision by regulations with respect to the collection of tolls in pursuance of a toll order.

(2)Different provision may be made for different types of road or different types of toll, or for particular roads or particular tolls.

(3)Regulations may, in particular, impose requirements with respect to—

(a)the displaying of lists of tolls, and

(b)the manner of implementing changes in the amount of tolls;

and where any such requirements are imposed, a toll may not be demanded unless they are, or as the case may be have been, complied with.

(4)A person who in respect of the use of a road to which a toll order relates demands a toll—

(a)which he is not authorised to charge, or

(b)which by virtue of subsection (3) may not be demanded,

commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

15 Refusal or failure to pay tolls.E+W

(1)A person who without reasonable excuse refuses or fails to pay, or who attempts to evade payment of, a toll which he is liable to pay by virtue of a toll order commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)If it appears to a person employed for the purpose of collecting tolls that a person has, without reasonable excuse, refused or failed to pay a toll which he is liable to pay by virtue of a toll order, he may—

(a)refuse to permit him to pass, or prevent him from passing, through any place at which tolls are payable, and

(b)require him to remove his vehicle from any such place by a particular route, and if he does not comply with such a requirement cause the vehicle to be so removed;

and for the purpose of exercising the powers conferred by this subsection, a person employed for the purpose of the collection of tolls may call upon such assistance as he thinks necessary.

(3)Where a person does not comply with a requirement under subsection (2)(b) as to the removal of his vehicle, he is liable to pay a prescribed charge in respect of the removal of the vehicle.

(4)Where there remains unpaid—

(a)a toll which a person is liable to pay by virtue of a toll order, or

(b)a prescribed charge which he is liable to pay by virtue of subsection (3),

the person authorised to charge tolls may recover from the person liable the amount of the toll or charge together with a reasonable sum to cover administrative expenses.

(5)In this section a “prescribed charge” means such charge as may be specified in, or calculated in accordance with, regulations made by the Secretary of State.

The regulations may provide for the amount of the charge, or any amount used for the purpose of calculating the charge, to be varied in accordance with a formula specified in the regulations.

(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

16 Facilities for collection of tolls.E+W

(1)A person authorised by a toll order to charge tolls may set up and maintain facilities for the collection of tolls.

The consent of the highway authority is required for the setting up of any such facilities by a concessionaire.

(2)Those responsible for the design and construction of facilities for the collection of tolls, and those responsible for the collection of tolls at such facilities, shall have due regard to the need to avoid delaying the passage of such vehicles as are mentioned in section 13(2)(a), (b) or (c) (police vehicles, ambulances and fire engines).

(3)The power of the highway authority under section 239(4)(c) of the M8Highways Act 1980 to acquire land for the provision of buildings or facilities to be used in connection with the use of the special road includes, in the case of a road subject to a toll order, power to acquire any land required for the purpose of setting up facilities for the collection of tolls.

(4)Facilities for the collection of tolls are exempt from rating and shall not be included in any rating list.

(5)In this section “facilities for the collection of tolls” means such buildings, structures or other facilities within the boundary of the road, or on land adjoining the road, as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order.

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Marginal Citations

17 Restriction of access to toll roads.E+W

(1)Where a toll order is in force in relation to a road, no highway or private means of access to premises shall be so constructed as to afford access to the road except with the consent of the highway authority and, where the road is subject to a concession, of the concessionaire.

(2)Subsection (1) does not apply to the construction of a highway or private means of access by or on behalf of a government department or Minister of the Crown which the department or Minister is satisfied is reasonably required for discharging any function of the department or Minister.

Annual ReportE+W

18 Annual report on concession agreements and toll orders.E+W

(1)The Secretary of State shall in respect of each calendar year lay before Parliament a report—

(a)stating the number of concession agreements entered into by him during that year,

(b)stating the number of new roads opened to public use during that year for which he is the highway authority and which at the time of their opening were subject to a concession,

(c)listing the toll orders, and orders varying or revoking toll orders, made or confirmed by him in that year, and

(d)containing such information as appears to him to be appropriate with respect to the toll orders (whenever made) which are in force during that year or any part of it.

(2)The report shall be laid on or before 31st July in the following calendar year.

MiscellaneousE+W

19 Environmental assessment of projects involving special roads.E+W

In section 105A of the M9Highways Act 1980 (environmental assessment of certain highway projects), after subsection (2) (cases in which environmental statement must be published) insert—

(2A)Any project for the construction or improvement of a special road which falls within Annex II to the Directive shall be treated as having such characteristics that it should be made subject to an environmental assessment in accordance with the Directive..

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Marginal Citations

20 Classification of traffic for purposes of special roads.E+W

(1)In section 17 of the Highways Act 1980 (classification of traffic for purposes of special roads), in subsection (3) omit the words from “and references” to the end (which relate to the effect of an amending order on existing schemes) and after that subsection insert—

(4)An amending order may contain provision applying the amendments made by the order to existing schemes (whether made by the Minister or a local highway authority); and in the absence of such provision an amending order does not affect the classes of traffic prescribed in an existing scheme.

In this subsection an “existing scheme” means a scheme under section 16 made before the order comes into operation..

(2)In section 325 of the M10Highways Act 1980 (provisions as to orders, &c.)—

(a)omit subsection (3) (which requires affirmative resolution for an order under section 17 varying the classes of traffic for the purposes of special roads); and

(b)in subsection (2)(b) (orders subject to negative resolution), after “section” insert “ 17 above or ”.

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Marginal Citations

21 Certain special roads not necessarily trunk roads.E+W

(1)In section 19 of the Highways Act 1980 (under which a special road provided by the Secretary of State becomes a trunk road), after subsection (2) add—

(3)Subsections (1) and (2) above have effect subject to any provision of the scheme under section 16 directing that the special road in question or any part of it shall not be a trunk road.

Any such provision does not affect the power of the Minister to make an order under section 10(2)(a) with respect to the special road or part..

(2)In section 1(1) of the Highways Act 1980 (highways for which the Minister is the highway authority), after paragraph (a) (trunk roads) insert—

(aa)any special road provided by him;.

(3)In section 2 of the Highways Act 1980 (responsibility of local highway authority for roads ceasing to be trunk roads), make the present provision subsection (1) and after it insert—

(2)In the case of a special road provided by the Minister, subsection (1) above has effect subject to any provision of the order directing that the Minister shall continue to be the highway authority for the road..

22 Adoption of privately constructed roads.E+W

(1)In section 38 of the Highways Act 1980 (power of highway authorities to adopt by agreement), for subsection (3) (adoption by local highway authority of private road or way) substitute—

(3)A local highway authority may agree with any person to undertake the maintenance of a way—

(a)which that person is willing and has the necessary power to dedicate as a highway, or

(b)which is to be constructed by that person, or by a highway authority on his behalf, and which he proposes to dedicate as a highway;

and where an agreement is made under this subsection the way to which the agreement relates shall, on such date as may be specified in the agreement, become for the purposes of this Act a highway maintainable at the public expense.

(3A)The Minister may agree with any person to undertake the maintenance of a road—

(a)which that person is willing and has the necessary power to dedicate as a highway, or

(b)which is to be constructed by that person, or by a highway authority on his behalf, and which he proposes to dedicate as a highway,

and which the Minister proposes should become a trunk road; and where an agreement is made under this subsection the road shall become for the purposes of this Act a highway maintainable at the public expense on the date on which an order comes into force under section 10 directing that the road become a trunk road or, if later, the date on which the road is opened for the purposes of through traffic..

(2)In section 10 of the M11Highways Act 1980 (general provisions as to trunk roads)—

(a)in subsection (2)(a) (highways which may be made trunk roads) for “, or any highway proposed to be constructed by the Minister,” substitute— or any proposed highway—

(i)to be constructed by the Minister, or

(ii)in relation to which the Minister has entered or proposes to enter into an agreement under section 38(3A),;

(b)in subsection (4) omit the words from “Without prejudice” to the end of paragraph (b), for “highway proposed to be constructed by the Minister” substitute “ proposed highway ” and omit “by the Minister” in the second place where it occurs; and

(c)in subsection (7) for “highway proposed to be constructed by the Minister” substitute “ proposed highway ”.

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Marginal Citations

23 Execution of works by highway authority at expense of another.E+W

In Part XIII of the Highways Act 1980 (financial provisions), for section 278 (contributions by persons deriving special benefit from works) substitute—

278 Agreements as to execution of works.

(1)A highway authority may, if they are satisfied it will be of benefit to the public, enter into an agreement with any person—

(a)for the execution by the authority of any works which the authority are or may be authorised to execute, or

(b)for the execution by the authority of such works incorporating particular modifications, additions or features, or at a particular time or in a particular manner,

on terms that that person pays the whole or such part of the cost of the works as may be specified in or determined in accordance with the agreement.

(2)Without prejudice to the generality of the reference in subsection (1) to the cost of the works, that reference shall be taken to include—

(a)the whole of the costs incurred by the highway authority in or in connection with—

(i)the making of the agreement,

(ii)the making or confirmation of any scheme or order required for the purposes of the works,

(iii)the granting of any authorisation, permission or consent required for the purposes of the works, and

(iv)the acquisition by the authority of any land required for the purposes of the works; and

(b)all relevant administrative expenses of the highway authority, including an appropriate sum in respect of general staff costs and overheads.

(3)The agreement may also provide for the making to the highway authority of payments in respect of the maintenance of the works to which the agreement relates and may contain such incidental and consequential provisions as appear to the highway authority to be necessary or expedient for the purposes of the agreement.

(4)The fact that works are to be executed in pursuance of an agreement under this section does not affect the power of the authority to acquire land, by agreement or compulsorily, for the purposes of the works.

(5)If any amount due to a highway authority in pursuance of an agreement under this section is not paid in accordance with the agreement, the authority may—

(a)direct that any means of access or other facility afforded by the works to which the agreement relates shall not be used until that amount has been paid,

(b)recover that amount from any person having an estate or interest in any land for the benefit of which any such means of access or other facility is afforded, and

(c)declare that amount to be a charge on any such land (identifying it) and on all estates and interests therein.

(6)If it appears to the highway authority that a direction under subsection (5)(a) is not being complied with, the authority may execute such works as are necessary to stop up the means of access or deny the facility, as the case may be, and may for that purpose enter any land.

(7)Where a highway authority recovers an amount from a person by virtue of subsection (5)(b), he may in turn recover from any other person having an estate or interest in land for the benefit of which the means of access or other facility was afforded such contribution as may be found by the court to be just and equitable.

This does not affect the right of any of those persons to recover from the person liable under the agreement the amount which they are made to pay.

(8)The M12 Local Land Charges Act 1975 applies in relation to a charge under subsection (5)(c) in favour of the Secretary of State as in relation to a charge in favour of a local authority..

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Marginal Citations

M121975 C. 76

24 Exercise of road traffic regulation powers.E+W

In Part X of the M13Road Traffic Regulation Act 1984 (general and supplementary provisions), after section 122 insert—

122A Prospective exercise of powers.

(1)Any power under this Act to make an order or give a direction may be exercised before the road to which it relates is open for public use, so as to take effect immediately on the road’s becoming open for public use.

(2)The procedure for making an order or giving a direction applies in such a case with such modifications as may be prescribed..

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Marginal Citations

GeneralE+W

25 Application of provisions of the Highways Act 1980, &c.E+W

(1)The following provisions of the M14Highways Act 1980 apply for the purposes of this Part as if it were a part of that Act—

  • section 302 (inquiries),

  • section 303 (penalty for obstructing execution of Act),

  • section 312 (restriction on institution of proceedings for offence),

  • section 319 (judges and justices not to be disqualified by liability to rates),

  • sections 320 to 322 (provisions as to notices), and

  • section 323 (reckoning of periods).

(2)Nothing in this Part shall be construed as restricting the powers of a highway authority with respect to a road subject to a concession—

(a)as to the matters which may be provided for in the concession agreement or as to the making of agreements of any other description for any purpose connected with the special road; or

(b)as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the authority is required, in connection with the road, for any purpose for which the authority may acquire land under Part XII of the Highways Act 1980.

(3)Nothing in a concession agreement shall be construed as affecting the status of the road subject to the concession as a highway maintainable at the public expense.

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Marginal Citations

26 Interpretation.E+W

(1)In this Part the following expressions have the same meaning as in the Highways Act 1980—

  • highway authority”,

  • local highway authority”,

  • special road”,

  • special road authority”, and

  • traffic”;

and “special road scheme” means a scheme under section 16 of that Act authorising the provision of a special road.

(2)Where a concession agreement is entered into jointly by two or more local highway authorities, references in this Part to the highway authority shall be construed—

(a)as references to each of those authorities in relation to times, circumstances and purposes before the special road scheme becomes operative, and

(b)in relation to times, circumstances and purposes after the special road scheme becomes operative, as references to the authority which in accordance with the scheme is the special road authority.

(3)The expressions listed below are defined or otherwise fall to be construed for the purposes of this Part in accordance with the provisions indicated—

concession agreementsection 1(1)
concessionairesections 1(1) and 5(1)
extension toll ordersection 12(1)
highway authoritysection 26(1) and (2)
local highway authoritysection 26(1)
road subject to a concessionsection 1(2)
special roadsection 26(1)
special road authoritysection 26(1)
special road schemesection 26(1)
toll ordersection 6
toll periodsection 7
trafficsection 26(1).
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Commencement Information

I1S. 26 wholly in force at 01.11.1991, see s. 170 and S.I. 1991/2288, art.3, Sch.

Part IIE+W+S+N.I. New Roads in Scotland

Toll RoadsS

27 Toll orders.S

(1)An order authorising the charging of tolls (a “toll order”) by a roads authority may be made in relation to a special road proposed to be provided by that roads authority.

(2)A toll order relating to a special road to be provided by the Secretary of State shall be made by the Secretary of State; and a toll order relating to a special road to be provided by a local roads authority shall be made by the authority and confirmed by the Secretary of State.

(3)Part IIA, paragraphs 15 and 18 of Part III, and Part IV of Schedule 1 to the M15Roads (Scotland) Act 1984 apply to the making or confirmation of a toll order and Schedule 2 to that Act applies to a toll order with regard to its validity and date of operation.

(4)The proceedings required by Part IIA of Schedule 1 to that Act to be taken for the purposes of a toll order shall (so far as practicable) be taken concurrently with the proceedings required to be taken for the purposes of the special road scheme authorising the provision of the road to which the order relates.

(5)The Secretary of State shall not make or confirm the scheme or the toll order unless he makes or confirms them both.

(6)If under paragraph 3(b) of Schedule 2 to that Act the court quashes a toll order, the special road scheme for the road in respect of which the toll order was made shall also cease to have effect.

(7)Where a roads authority enter into a contract with a person for the design or construction of a road which both parties intend will be subject to a toll order, the contract shall make provision for the compensation of that person for such expenses as may be agreed in accordance with the contract in the event of—

(a)the roads authority deciding not to proceed with the special road scheme, or

(b)the Secretary of State failing to make or confirm either the toll order or the scheme.

(8)Where a roads authority enter into a contract such as is mentioned in subsection (7) above and the person who has contracted to design or construct the road fails to complete the road in accordance with the contract he shall, without prejudice to any other liability, pay the authority such compensation in respect of costs incurred by them as may be determined in accordance with the contract.

Those costs shall be taken to include the relevant administrative expenses of the authority, including an appropriate sum in respect of general staff costs and overheads.

(9)Where a toll order has been made—

(a)the road in respect of which it has been made, and

(b)such buildings, structures or other facilities within the boundary of the road or on land adjoining the road as are reasonably required for the purpose of or in connection with the collection of tolls,

are exempt from rating and shall not be included in any valuation roll.

[F4(9A)On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect.]

(10)The power conferred on the Secretary of State by this section to make or confirm a toll order is exercisable by statutory instrument.

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Amendments (Textual)

Marginal Citations

28 Assignation of rights under a toll order.S

(1)A toll order may authorise the special road authority in whose name it is made to assign, subject to subsection (2), to a person, for such period and subject to such terms and conditions as they think fit, their rights under a toll order to charge and to collect tolls.

(2)A special road authority may grant such an assignation only to a person who has undertaken such obligations as may be specified in the assignation with respect to the design, construction, maintenance, operation or improvement of the road.

(3)In this Part, a person to whom the rights under a toll order to charge and to collect tolls have been assigned is referred to as a concessionaire.

(4)References in this Part to a person authorised to charge tolls include references to a concessionaire.

(5)Where a special road authority grants an assignation under this section, they shall also assign to the concessionaire such income as they receive in respect of—

(a)charging for the occupation of the road,

(b)charging for any services in relation to the road other than services which they themselves have supplied, or

(c)any contribution made by a third party towards the cost of maintenance or improvement of the road,

except to the extent that they themselves have incurred expense in such cases.

(6)A special road authority shall not make a charge as mentioned in subsection (5) without consulting the concessionaire with regard to the amount to be charged in such cases as the authority has discretion as to the amount to be charged.

29 The toll period.S

(1)A toll order shall provide for tolls to be chargeable for a period (the “toll period”) specified in or determined in accordance with the order.

(2)The order may provide for the toll period to end—

(a)on a date, or at the end of a period, specified in the order, or

(b)on a date determined by reference to—

(i)the achievement of a specified financial objective, or

(ii)the passage of a specified number of vehicles,

or such other factors, or combinations of factors, as may be specified in the order, or

(c)on whichever is the earlier or later of dates specified in or determined in accordance with the order.

(3)Where an assignation has been granted under section 28(1), it is for the special road authority to decide any matter relevant to determining the date on which the toll period ends.

30 Extension toll orders.S

(1)Where a toll order authorises the special road authority to assign their rights under the order to charge and collect tolls and—

(a)the authority fail to do so;

(b)such an assignation terminates or is terminated within the toll period; or

(c)the authority wish to charge and collect tolls beyond the toll period,

a further order (an “extension toll order”) may be made to authorise the authority to charge and collect tolls for a new toll period.

(2)An extension toll order shall not authorise the special road authority to assign their rights under it to charge and collect tolls.

(3)An extension toll order relating to a special road for which the Secretary of State is roads authority shall be made by the Secretary of State; and an extension toll order relating to a road for which the roads authority is a local authority shall be made by that authority and confirmed by the Secretary of State.

(4)Any extension toll order must be made so as to come into force not later than—

(a)the end of the toll period under the previous toll order; or

(b)where the assignation under section 28(1) terminates or is terminated before the end of that period, two years after the termination of the assignation,

whichever is the earlier.

(5)The following provisions of this Act apply in relation to an extension toll order as in relation to a toll order under section 27(1)—

  • section 29(1) and (2) (the toll period)

  • section 31 (amount of tolls chargeable by special road authority),

  • section 33 (application of enactments relating to monopolies, etc.),

  • section 34 (variation and revocation of order),

  • sections 36 to 40 (further provisions with respect to tolls), and

  • section 41 (report by Secretary of State).

(6)The power of the Secretary of State to make or confirm an extension toll order shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedules 1 and 2 to the M16Roads (Scotland) Act 1984 (procedure in connection with orders) shall not apply to an order under this section.

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Marginal Citations

31 Amount of tolls chargeable.S

(1)Where a toll order does not authorise a special road authority to assign their rights under the order to charge and to collect tolls, the toll order shall in every case specify the maximum tolls which may be charged for the use of the road or any length of the road in respect of which tolls are charged.

(2)The order may specify different maxima for different descriptions of traffic (which need not correspond with the classes of traffic prescribed by the special road scheme) and may provide for the amounts to be varied in accordance with a formula specified in the order.

(3)Subject to section 32, where a toll order does authorise a special road authority to assign their rights under the order to charge and to collect tolls, it shall not specify any maximum in respect of tolls which may be charged by the concessionaire.

(4)Where a special road authority has authority to assign as described in subsection (3) but no such assignation is made, they shall not charge any tolls in respect of that road unless an extension toll order is made in respect of that road.

32 Toll order in respect of major crossings.S

(1)A toll order which relates to a road which consists of or includes a major crossing to which there is no reasonably convenient alternative shall specify the maximum tolls which may be charged in respect of that road.

(2)The Secretary of State may make provision by regulations as to what is to be treated as a major crossing for this purpose and as to the circumstances in which another route is to be taken to be, or not to be, a reasonably convenient alternative.

(3)Subject to any such regulations, a major crossing means a crossing of navigable waters more than 100 metres wide and a reasonably convenient alternative means another crossing (other than a ferry) which is free of toll and is within five miles of the crossing in question.

For this purpose—

(a)the width of tidal waters shall be ascertained by reference to the mean high-water mark and the width of other waters by reference to the ordinary limits of the waters, and

(b)the distance between two crossings shall be taken to be the shortest distance between the centre lines of the two crossings.

(4)The order shall specify the maximum tolls which may be charged for the use of the crossing or any length of the road including the crossing; and if the condition as to absence of a reasonably convenient alternative is satisfied in relation to certain types of traffic only, the order shall make provision only in relation to those types of traffic.

If that condition ceases to be satisfied, generally or in relation to certain types of traffic, the provisions of the order as to maximum tolls shall, where an assignation has been granted under section 28(1), cease to apply, or cease to apply to that type of traffic, for so long as that remains the case.

(5)The order may specify different maxima for different descriptions of traffic (which need not correspond with the classes of traffic prescribed by the special road scheme) and may provide for the amounts to be varied in accordance with a formula specified in the order.

(6)Regulations under this section shall be made by statutory instrument and shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

Any regulations so made do not apply in relation to an order if notice of the draft order, and of the relevant draft special road scheme, have been published before the regulations come into force.

33 Application of enactments relating to monopolies, &c.S

(1)For the purposes of—

(a)the M17Fair Trading Act 1973,

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a person authorised to charge tolls shall be deemed to supply a service, namely, providing the facility to use the road in return for the toll charged.

(2)Where the toll charged is subject to a maximum specified by the toll order, the M18Fair Trading Act 1973 has effect as if the service deemed by subsection (1) above to be supplied were among those listed in Part I of Schedule 7 to that Act (services excluded from Director’s power to make monopoly reference).

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F5S. 33(1)(b)(c)(3) repealed (1.3.2000) by S.I. 2000/311, art. 27

F6S. 33(1)(b)(c)(3) repealed (1.3.2000) by S.I. 2000/311, art. 27

F7S. 33(1)(b)(c)(3) repealed (1.3.2000) by S.I. 2000/311, art. 27

Marginal Citations

34 Variation or revocation of toll order.S

(1)A toll order may be varied or revoked—

(a)by an order made by the Secretary of State if he made the toll order; and

(b)by an order made by the local roads authority and confirmed by the Secretary of State in any other case.

(2)Without prejudice to section 30 above (extension toll orders), a toll order may not be varied so as to extend the toll period.

(3)A toll order which does not authorise the charging of tolls in respect of the whole length of the special road to which it relates may not be varied so as to extend the length of road in respect of which tolls may be charged.

(4)The Secretary of State may confirm an order made by a local roads authority either without modifications or subject to such modifications as he thinks fit.

(5)Where an assignation has been granted under section 28(1), the toll order may not be varied or revoked without the consent of the concessionaire.

(6)An order under this section may contain such supplementary, incidental and transitional provisions as appear to the roads authority making the order to be necessary or expedient.

(7)The power conferred on the Secretary of State by this section to vary, revoke or confirm an order is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedules 1 and 2 to the M19Roads (Scotland) Act 1984 (procedure in connection with orders) shall not apply to an order under this section.

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Marginal Citations

35 Transfer or termination of assignation.S

(1)The rights of a concessionaire under an assignation granted under section 28(1) may, with the consent of the special road authority, be assigned by the concessionaire.

(2)Where an assignation granted by the special road authority under section 28(1) terminates or is terminated before the end of the toll period, the authority shall take reasonable steps to grant a fresh assignation to a new concessionaire and the authority may charge and collect tolls in the same way as a concessionaire within the period of two years beginning with that termination but, within that period, only until the earliest, if any, of the following events—

(a)the granting of a fresh assignation;

(b)the expiry of the toll period;

(c)the commencement of an extension toll order.

(3)References in this Part (including this section) to an assignation granted under section 28(1) shall include references to a fresh assignation granted by virtue of subsection (2) above.

(4)An assignation granted under section 28(1) may contain provision as to the circumstances in which, and the extent to which, any sum received by the special road authority—

(a)in consideration for the appointment of a new concessionaire, or

(b)by way of tolls collected by virtue of subsection (2),

is to be applied for the benefit of the former concessionaire or his creditors, as the case may be.

(5)Where an assignation granted by the special road authority under section 28(1) terminates or is terminated before the end of the toll period and the authority either intends to grant a fresh assignation or to charge and collect tolls itself then, for the purposes of the M20Transfer of Undertakings (Protection of Employment) Regulations 1981, or any regulations replacing those regulations, the concessionaire shall be treated as transferring to the authority an undertaking which, if a new concessionaire is appointed, the authority shall be treated as then transferring to the new concessionaire.

(6)References in this Part to the termination of an assignation are references to the termination of the rights assigned under the assignation.

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Marginal Citations

Further provision with respect to tollsS

36 Further provision as to charging of tolls.S

(1)A toll order may contain provision exempting from liability for tolls such descriptions of traffic as may be specified in the order.

This does not affect the power of the person authorised to charge tolls to grant such other exemptions from toll as he thinks fit.

(2)A toll order shall contain provision exempting from liability to pay any toll—

(a)a police vehicle, identifiable as such by writing or markings on it or otherwise by its appearance, if being used for police purposes;

[F8(b)a vehicle which is exempt from vehicle excise duty under—

(i)paragraph 4 (fire engines),

(ii)paragraph 6 (ambulances),

(iii)paragraph 18 (invalid carriages),

(iv)paragraph 19 (vehicles for use by or for purposes of certain disabled people), or

(v)paragraph 20 (vehicles used for carriage of disabled people by recognised bodies),

of Schedule 2 to the Vehicle Excise and Registration Act 1994.]

(3)A person authorised to charge tolls may, subject to the provisions of the order—

(a)suspend the collection of tolls;

(b)enter into agreements under which persons compound in advance, on such terms as may be agreed, for the payment of tolls;

(c)charge different tolls according to—

(i)the distance travelled; or

(ii)the day, time of day, week, month or other period; and

(d)charge different tolls for different descriptions of traffic.

In the case of a concessionaire the powers mentioned above are exercisable subject to the provisions of the assignation.

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Amendments (Textual)

F8S. 36(2)(b) substituted (for s. 36(2)(b)-(d)) by (1.9.1994) by 1994 c. 22 ss. 63, 66, Sch. 3, para. 28; (with s. 57(4))

37 Collection of tolls.S

(1)The Secretary of State may make provision by regulations with respect to the collection of tolls in pursuance of a toll order.

(2)Different provision may be made for different types of road or different types of toll, or for particular roads or particular tolls.

(3)Regulations may, in particular, impose requirements with respect to—

(a)the displaying of lists of tolls, and

(b)the manner of implementing changes in the amount of tolls;

and where any such requirements are imposed, a toll may not be demanded unless they are, or as the case may be have been, complied with.

(4)A person who in respect of the use of a road to which a toll order relates demands a toll—

(a)which he is not authorised to charge, or

(b)which by virtue of subsection (3) may not be demanded,

commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

38 Refusal or failure to pay tolls.S

(1)A person who without reasonable excuse refuses or fails to pay, or who attempts to evade payment of, a toll which he is liable to pay by virtue of a toll order commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)If it appears to a person employed for the purpose of collecting tolls that a person has, without reasonable excuse, refused or failed to pay a toll which he is liable to pay by virtue of a toll order, he may—

(a)refuse to permit him to pass, or prevent him from passing, through any place at which tolls are payable, and

(b)require him to remove his vehicle from any such place by a particular route, and if he does not comply with such a requirement cause the vehicle to be so removed;

and for the purpose of exercising the powers conferred by this subsection, a person employed for the purpose of the collection of tolls may call upon such assistance as he thinks necessary.

(3)Where a person does not comply with a requirement under subsection (2)(b) as to the removal of his vehicle, he is liable to pay a prescribed charge in respect of the removal of the vehicle.

(4)Where there remains unpaid—

(a)a toll which a person is liable to pay by virtue of a toll order, or

(b)a prescribed charge which he is liable to pay by virtue of subsection (3),

the person authorised to charge tolls may recover from the person liable the amount of the toll or charge together with a reasonable sum to cover administrative expenses.

(5)In this section a “prescribed charge” means such charge as may be specified in, or calculated in accordance with, regulations made by the Secretary of State.

The regulations may provide for the amount of the charge, or any amount used for the purpose of calculating the charge, to be varied in accordance with a formula specified in the regulations.

(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

39 Facilities for collection of tolls.S

(1)A person authorised to charge tolls may set up and maintain facilities for the collection of tolls.

The consent of the special road authority is required for the setting up of any such facilities by a concessionaire.

(2)Those responsible for the design and construction of facilities for the collection of tolls, and those responsible for the collection of tolls at such facilities, shall have due regard to the need to avoid delaying the passage of such vehicles as are mentioned in section 36(2)(a), (b) or (c) (police vehicles, ambulances and fire engines).

(3)The power of the special road authority under section 104(3)(c) of the M21Roads (Scotland) Act 1984 to acquire land for the provision of buildings or facilities to be used in connection with the use of the special road includes, in the case of a road subject to a toll order, power to acquire any land required for the purpose of setting up facilities for the collection of tolls.

(4)In this section “facilities for the collection of tolls” means such buildings, structures or other facilities within the boundary of the road, or on land adjoining the road, as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order.

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Marginal Citations

40 Restriction of access to toll roads.S

(1)Where a toll order is in force in relation to a road, no road or private means of access to land shall be so constructed as to afford access to the road except with the consent of the special road authority and, where an assignation has been granted under section 28(1), the concessionaire.

(2)Subsection (1) does not apply to the construction of a road or private means of access by or on behalf of a government department or Minister of the Crown which the department or Minister is satisfied is reasonably required for discharging any function of the department or Minister.

ReportS

41 Report on toll roads and toll orders in Scotland.S

(1)In any calendar year in which there occurs an event to which this section applies, the Secretary of State shall in respect of that year lay before Parliament a report informing Parliament of that occurrence or, as the case may be, the number of such occurrences.

(2)This section applies to the following events—

(a)the Secretary of State enters into a contract for the design and construction of a road which is to be subject to a toll order;

(b)there is opened to public use a new road subject to a toll order for which he is the roads authority;

(c)a toll order, or an order varying or revoking a toll order, is made or confirmed by him.

(3)A report under this section shall contain such information as appears to him to be appropriate with respect to the toll orders (whenever made) which are in force during that year or any part of it.

(4)A report under this section shall be laid on or before 31st July in the following calendar year.

Supplementary provisionsS

42 Environmental assessment of projects involving special roads.S

(1)In section 20A of the M22Roads (Scotland) Act 1984 (environmental assessment of certain road construction projects), after subsection (2) (cases in which environmental statement must be published) insert—

(2A)Any project for the construction of a special road which falls within Annex II to the Directive shall be treated as having such characteristics that it should be made subject to an environmental assessment in accordance with the Directive..

(2)In section 55A of that Act (environmental assessment of certain road improvement projects), in subsection (2) (cases in which environmental statement must be published) after the word “and” there shall be inserted the words “ either the project is in respect of a special road or the project ”.

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Marginal Citations

43 Provisions as to traffic regulation.S

(1)The following provisions have effect with respect to the operation of the M23Road Traffic Regulation Act 1984 (“the 1984 Act”) in relation to a road in respect of which an assignation has been granted under section 28(1).

(2)The traffic authority shall consult the concessionaire before making any regulations or order under the 1984 Act specifically relating to the road.

(3)The concessionaire may cause or permit traffic signs (within the meaning of section 64(1) of the 1984 Act) to be placed on or near the road, but subject to any directions given by the traffic authority.

If the concessionaire fails to comply with a direction of the traffic authority as to the placing of traffic signs, the authority may themselves carry out the work required and recover from the concessionaire the expenses reasonably incurred by them in doing so.

(4)The concessionaire may issue a notice under section 14 of the 1984 Act (temporary restriction or prohibition of traffic) having the same effect as a notice issued under that section by the traffic authority.

The Secretary of State may by regulations make provision excluding in relation to such a notice issued by a concessionaire the provisions of the 1984 Act relating to—

(a)the procedure in connection with the issue of the notice,

(b)the maximum duration of the notice, and

(c)the making of provision in relation to alternative roads,

and making instead such other provision as appears to him to be appropriate.

(5)A notice issued by the concessionaire by virtue of subsection (4) may be revoked or varied by the traffic authority and shall cease to have effect if provision inconsistent with it is made by that authority by order or notice under section 14 of the 1984 Act.

(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Marginal Citations

44 Exercise of road traffic regulation powers.S

In Part X of the M24Road Traffic Regulation Act 1984 (general and supplementary provisions), after section 122 insert—

122A Prospective exercise of powers.

(1)Any power under this Act to make an order or give a direction may be exercised before the road to which it relates is open for public use, so as to take effect immediately on the road’s becoming open for public use.

(2)The procedure for making an order or giving a direction applies in such a case with such modifications as may be prescribed..

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Marginal Citations

45 Classification of traffic for purposes of special roads.S

In section 8 of the M25Roads (Scotland) Act 1984 (classification of traffic for purposes of special roads), in subsection (3) there shall be omitted the words from “and where” to the end (which relate to the effect of a variation order on existing schemes) and after that subsection there shall be inserted—

(4)A variation order may contain provision applying the variations made by the order to existing schemes (whether made by the Secretary of State or a local roads authority); and in the absence of such provision a variation order does not affect the classes of traffic prescribed in an existing scheme.

(5)In subsection (4) above an “existing scheme” means a scheme under section 7 made before the order comes into operation..

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Marginal Citations

46 Special roads not necessarily to be trunk roads.S

In section 10 of the Roads (Scotland) Act 1984 (under which a special road provided by the Secretary of State becomes a trunk road), after subsection (2) there shall be inserted—

(3)Subsections (1) and (2) above shall have effect subject to any provision of the scheme under section 7 of this Act directing that the special road in question or any part of it shall not be a trunk road; but any such provision shall not affect the power of the Secretary of State to make an order under section 5(2)(a) of this Act with respect to the special road or part..

47 The Roads (Scotland) Act 1984 and the interpretation of Part II.S

(1)In this Part—

  • extension toll order” means a toll order made under section 30(1) authorising the charging of tolls for a new toll period;

  • roads authority”, “local roads authority” and “special road authority” have the same meaning as in the M26Roads (Scotland) Act 1984;

  • special road” has the same meaning as in that Act;

  • special road scheme” means a scheme under section 7 of that Act authorising the provision of a special road;

  • toll order” means an order under section 27 authorising the charging of tolls;

  • toll period” has the meaning given in section 29(1).

(2)The following provisions of the Roads (Scotland) Act 1984 apply for the purposes of this Part as if it were a part of that Act—

  • sections 136 to 138 (provisions as to notices), and

  • section 139 (inquiries).

(3)Where an assignation is granted jointly under section 28(1) by two or more local roads authorities references in this Part to the roads authority shall be construed—

(a)as references to each of those authorities in relation to times, circumstances and purposes before the special road scheme becomes operative, and

(b)in relation to times, circumstances and purposes after the special road scheme becomes operative, as references to the authority which in accordance with the scheme is the special road authority.

(4)Nothing in this Part shall be construed as restricting the powers of a roads authority with respect to a road subject to a toll order in respect of which an assignation has been granted under section 28(1)—

(a)as to the matters which may be provided for in the assignation or as to the making of agreements of any other description for any purpose connected with the special road, or

(b)as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the authority is required, in connection with the road, for any purpose for which the authority may acquire land under Part IX of the M27Roads (Scotland) Act 1984.

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Marginal Citations

Part IIIE+W+S+N.I. Street works in England and Wales

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Modifications etc. (not altering text)

C2Pt. III (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. III (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. III (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C3Definition in Pt. III (ss. 48-106) applied (01.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C4Definition in Pt. III (ss. 48-106) applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C5Part III (ss. 48-106) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C6Part III (ss. 48-106) modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. III para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Part III (ss. 48-106) modified (27.7.1993) by 1993 c. xv, s. 4(1)

Part III (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C7S. 48-106 (Pt. III) applied (with modifications) (21.7.1994) by 1994 c. xv s. 4(1)

S. 48-106 (Pt. III) applied (21.7.1994) by 1994 c. xv s. 45(5)(a)

S. 48-106 (Pt. III) excluded (21.7.1994) by 1994 c. xv s. 21(2)

S. 48-106 (Pt. III) restricted (21.7.1994) by 1994 c. xv s. 4(2)

C8S. 48-106 (Pt. III) excluded (18.12.1996) by 1996 c. 61 s. 52, Sch. 15, Pt. I, para. 1(3)

S. 48-106 (Pt. III) modified (18.12.1996) by 1996 c. 61 s. 3, Sch. 3, para. 8

C9S. 48-106 (Pt. III) extended (28.7.1998) by 1998 c. iv s. 3

C10S. 48-106 (Pt. III) applied (27.8.1998) by S.I. 1998/1936 arts. 1, 41, Sch. 10 para. 2(8), 3(2)

Introductory provisionsE+W

48 Streets, street works and undertakers.E+W

(1)In this Part a “street” means the whole or any part of any of the following, irrespective of whether it is a thoroughfare—

(a)any highway, road, lane, footway, alley or passage,

(b)any square or court, and

(c)any land laid out as a way whether it is for the time being formed as a way or not.

Where a street passes over a bridge or through a tunnel, references in this Part to the street include that bridge or tunnel.

(2)The provisions of this Part apply to a street which is not a maintainable highway subject to such exceptions and adaptations as may be prescribed.

(3)In this Part “street works” means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence—

(a)placing apparatus, or

(b)inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it,

or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

(4)In this Part “undertaker” in relation to street works means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be.

(5)References in this Part to the undertaker in relation to apparatus in a street are to the person entitled, by virtue of a statutory right or a street works licence, to carry out in relation to the apparatus such works as are mentioned in subsection (3); and references to an undertaker having apparatus in the street, or to the undertaker to whom apparatus belongs, shall be construed accordingly.

49 The street authority and other relevant authorities.E+W

(1)In this Part “the street authority” in relation to a street means, subject to the following provisions—

(a)if the street is a maintainable highway, the highway authority, and

(b)if the street is not a maintainable highway, the street managers.

(2)In the case of a highway for which the Secretary of State is the highway authority but in relation to which a local highway authority acts as his agent under section 6 of the M28Highways Act 1980, the local highway authority shall be regarded as the street authority for the purposes of section 53 (the street works register) and sections 54 to 60 (advance notice and co-ordination of works).

(3)Subsection (1)(b) has effect subject to section 87 as regards the application of this Part to prospectively maintainable highways.

(4)In this Part the expression “street managers”, used in relation to a street which is not a maintainable highway, means the authority, body or person liable to the public to maintain or repair the street or, if there is none, any authority, body or person having the management or control of the street.

(5)The Secretary of State may by regulations make provision for exempting street managers from provisions of this Part which would otherwise apply to them as the street authority in relation to a street.

(6)References in this Part to the relevant authorities in relation to any works in a street are to the street authority and also—

(a)where the works include the breaking up or opening of a public sewer in the street, the sewer authority;

(b)where the street is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, that authority; and

(c)where in any other case the street is carried or crossed by a bridge, the bridge authority.

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Marginal Citations

50 Street works licences.E+W

(1)The street authority may grant a licence (a “street works licence”) permitting a person—

(a)to place, or to retain, apparatus in the street, and

(b)thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it,

and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

(2)A street works licence authorises the licensee to execute the works permitted by the licence without obtaining any consent which would otherwise be required to be given—

(a)by any other relevant authority in its capacity as such, or

(b)by any person in his capacity as the owner of apparatus affected by the works;

but without prejudice to the provisions of this Part as to the making of requirements by any such authority or person or as to the settlement of a plan and section and the execution of the works in accordance with them.

(3)A street works licence does not dispense the licensee from obtaining any other consent, licence or permission which may be required; and it does not authorise the installation of apparatus for the use of which the licence of the Secretary of State is required, unless and until that licence has been granted.

(4)The provisions of Schedule 3 have effect with respect to the grant of street works licences, the attachment of conditions and other matters.

(5)A street works licence may be granted—

(a)to a person on terms permitting or prohibiting its assignment, or

(b)to the owner of land and his successors in title;

and references in this Part to the licensee are to the person for the time being entitled by virtue of the licence to do anything permitted by it.

(6)Any licence, consent, permission or other authority for the execution in a street of any such works as are mentioned in subsection (1) granted or given by the street authority before the commencement of this Part has effect after the commencement of this Part as a street works licence; but subsection (2) does not apply in relation to such a licence.

This applies in particular to licences granted under section 181 of the M29Highways Act 1980 or any corresponding earlier enactment.

(7)The works referred to in subsection (1) above do not include works for road purposes.

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Modifications etc. (not altering text)

C11S. 50: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B41

Marginal Citations

51 Prohibition of unauthorised street works.E+W

(1)It is an offence for a person other than the street authority—

(a)to place apparatus in a street, or

(b)to break up or open a street, or a sewer, drain or tunnel under it, or to tunnel or bore under a street, for the purpose of placing, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or of changing the position of apparatus or removing it,

otherwise than in pursuance of a statutory right or a street works licence.

(2)A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)This section does not apply to works for road purposes or to emergency works of any description.

(4)If a person commits an offence under this section, the street authority may—

(a)in the case of an offence under subsection (1)(a), direct him to remove the apparatus in respect of which the offence was committed, and

(b)in any case, direct him to take such steps as appear to them necessary to reinstate the street or any sewer, drain or tunnel under it.

If he fails to comply with the direction, the authority may remove the apparatus or, as the case may be, carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.

F952 Emergency works.E+W

(1)In this Part “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

(2)Where works comprise items some of which fall within the preceding definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.

(3)Where in any civil or criminal proceedings brought by virtue of any provision of this Part the question arises whether works were emergency works, it is for the person alleging that they were to prove it.

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Amendments (Textual)

Modifications etc. (not altering text)

C12S. 52 excluded (27.11.1992) by S.I. 1992/2984, art. 5

The street works registerE+W

53 The street works register.E+W

(1)A street authority shall keep a register showing with respect to each street for which they are responsible such information as may be prescribed with respect to the street works, and such other descriptions of works as may be prescribed, executed or proposed to be executed in the street.

(2)The register shall contain such other information, and shall be kept in such form and manner, as may be prescribed.

(3)The authority shall make the register available for inspection, at all reasonable hours and free of charge—

(a)so far as it relates to restricted information, by any person having authority to execute works of any description in the street, or otherwise appearing to the authority to have a sufficient interest, and

(b)so far as it relates to information which is not restricted, by any person.

The Secretary of State may make provision by regulations as to the information which is restricted for the purposes of this subsection.

(4)The Secretary of State may make arrangements for the duties of street authorities under this section to be discharged by means of one or more central registers kept by a person appointed in pursuance of the arrangements.

(5)If such arrangements are made the Secretary of State may require street authorities to participate in and make contributions towards the cost of the arrangements.

(6)The Secretary of State may by regulations make provision with respect to any register kept in pursuance of this section—

(a)requiring the registration of such information as may be prescribed, and

(b)requiring the payment of such fee as may be prescribed in respect of the registration of information of any prescribed description;

and the regulations may contain provision as to the person responsible for securing the registration of the information and the person liable to pay the fee.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C13S. 53: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(a)

Commencement Information

I2S. 53 wholly in force: s. 53(1)-(3) in force at 28.11.1992 see s. 170(1) and S.I. 1992/2984, art. 2(1), Sch. 1; s. 53(4)-(6) in force at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.

Notice and co-ordination of worksE+W

54 Advance notice of certain works.E+W

(1)In such cases as may be prescribed an undertaker proposing to execute street works shall give the prescribed advance notice of the works to the street authority.

(2)Different periods of notice may be prescribed for different descriptions of works.

(3)The notice shall contain such information as may be prescribed.

(4)After giving advance notice under this section an undertaker shall comply with such requirements as may be prescribed, or imposed by the street authority, as to the providing of information and other procedural steps to be taken for the purpose of co-ordinating the proposed works with other works of any description proposed to be executed in the street.

(5)An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C14S. 54 modified (27.11.1992) by S.I. 1992/2984, art. 3(1)

C15S. 54 applied (4.4.1996) by S.I. 1996/937 art. 8(4)(5)

S. 54 applied (13.1.1999) by S.I. 1998/3269 art. 4(2)(3)(4)

S. 54 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 54 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 54 applied (10.2.1997) by S.I. 1997/264 art. 8(6)(7)

C16S. 54 applied (with modifications) (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

C17S. 54 applied (with modifications) (30.4.1999) by S.I. 1999/1306 art. 8(4)(5)

S. 54 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 54 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 54 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 54 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 54 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)(4)

S. 54 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 54 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 54 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C19S. 54(1)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(b)

55 Notice of starting date of works.E+W

(1)An undertaker proposing to begin to execute street works involving—

(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.

(2)Different periods of notice may be prescribed for different descriptions of works, and cases may be prescribed in which no notice is required.

(3)The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.

(4)Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.

(5)An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—

(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

(b)to his not knowing the identity or address of—

(i)a relevant authority, or

(ii)the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.

(7)A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C21S. 55 applied (4.4.1996) by S.I. 1996/937 art. 8(4)(5)

S. 55 applied (13.1.1999) by S.I. 1998/3269 art. 4(2)(3)(4)

S. 55 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 55 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 55 applied (10.2.1997) by S.I. 1997/264 art. 8(6)(7)

S. 55 applied with modifications (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

C22S. 55 applied (with modifications) (30.4.1999) by S.I. 1999/1306 art. 8(4)(5)

S. 55 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 55 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 55 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 55 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 55 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)(4)

S. 55 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 55 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 55 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C24S. 55(1)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(c)

Commencement Information

I3S. 55 wholly in force: s. 55 in force for the purpose of making regulations at 28.11.1992, and for all other purposes at 1.1.1993, see s. 170 and S.I. 1992/2984, art. 2, Schs. 1 and 2

56 Power to give directions as to timing of street works.E+W

(1)If it appears to the street authority—

(a)that proposed street works are likely to cause serious disruption to traffic, and

(b)that the disruption would be avoided or reduced if the works were carried out only at certain times,

the authority may give the undertaker such directions as may be appropriate as to the times when the works may or may not be carried out.

(2)The procedure for giving a direction shall be prescribed by the Secretary of State.

(3)An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C25S. 56 excluded (11.11.1996) by S.I. 1996/2714 art. 4(1)

S. 56 excluded (27.8.1998) by S.I. 1998/1936 art. 4(1)

S. 56 excluded (21.5.1997) by S.I. 1997/1266 art. 5(1)

S. 56 excluded (24.7.2001) by S.I. 2001/3627, art. 4(2)

C27S. 56(1)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(d)

57 Notice of emergency works.E+W

(1)Nothing in section 54 (advance notice), section 55 (notice of starting date) or section 56 (directions as to timing of works) affects the right of an undertaker to execute emergency works.

(2)An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is required by section 55, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun, to the persons to whom notice would be required to be given under that section.

(3)The notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.

(4)An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—

(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

(b)to his not knowing the identity or address of—

(i)a relevant authority, or

(ii)the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C28S. 57 modified (27.11.1992) by S.I. 1992/2984, art. 5

C29S. 57 applied (with modifications) (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

S. 57 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 57 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 57 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

58 Restriction on works following substantial road works.E+W

(1)Where it is proposed to carry out substantial road works in a highway, the street authority may by notice in accordance with this section restrict the execution of street works during the twelve months following the completion of those works.

For this purpose substantial road works means works for road purposes, or such works together with other works, of such description as may be prescribed.

(2)The notice shall be published in the prescribed manner and shall specify the nature and location of the proposed works, the date (not being less than three months after the notice is published, or first published) on which it is proposed to begin the works, and the extent of the restriction.

(3)A copy of the notice shall be given to each of the following—

(a)where there is a public sewer in the part of the highway to which the restriction relates, to the sewer authority,

(b)where the part of the highway to which the restriction relates is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,

(c)where in any other case the part of the highway to which the restriction relates is carried or crossed by a bridge, to the bridge authority,

(d)any person who has given notice under section 54 (advance notice of certain works) of his intention to execute street works in the part of the highway to which the restriction relates, and

(e)any other person having apparatus in the part of the highway to which the restriction relates;

but a failure to do so does not affect the validity of the restriction imposed by the notice.

(4)A notice ceases to be effective if the works to which it relates are not substantially begun—

(a)on or within one month from the date specified in the notice, or

(b)where street works are in progress on that date in the part of the highway to which the restriction relates, within one month from the completion of those works.

(5)An undertaker shall not in contravention of a restriction imposed by a notice under this section break up or open the part of the highway to which the restriction relates, except—

(a)to execute emergency works,

(b)with the consent of the street authority, or

(c)in such other cases as may be prescribed.

(6)If he does—

(a)he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and

(b)he is liable to reimburse the street authority any costs reasonably incurred by them in reinstating the highway.

(7)The consent of the street authority under subsection (5)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled by arbitration.

(8)An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a restriction imposed by a notice under this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C31S. 58 restricted (27.11.1992) by S.I. 1992/2984, art. 6

C32S. 58 excluded (11.11.1996) by S.I. 1996/2714, art. 4(1)

S. 58 excluded (27.8.1998) by S.I. 1998/1936, art. 4(1)

S. 58 excluded (21.5.1997) by S.I. 1997/1266 art. 5(1)

S. 58 excluded (24.7.2001) by S.I. 2001/3627, art. 4(2)

S. 58: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(e)

59 General duty of street authority to co-ordinate works.E+W

(1)A street authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) in the streets for which they are responsible—

(a)in the interests of safety,

(b)to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and

(c)to protect the structure of the street and the integrity of apparatus in it.

(2)That duty extends to co-ordination with other street authorities where works in a street for which one authority are responsible affect streets for which other authorities are responsible.

(3)The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination a street authority shall have regard to any such code of practice.

(4)If it appears to the Secretary of State that a street authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.

The direction shall specify the information to be provided and the period within which it is to be provided.

(5)If after the end of that period (whether or not the direction has been complied with) it appears to the Secretary of State that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.

The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the Secretary of State as to what steps have been taken and the results of taking them.

(6)A direction under this section may be varied or revoked by a further direction.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C34S. 59 applied (4.4.1996) by S.I. 1996/937 art. 8(4)(5)

S. 59 applied (13.1.1999) by S.I. 1998/3269 art. 4(2)(3)

S. 59 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 59 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 59 applied (10.2.1997) by S.I. 1997/264 art. 8(6)(7)

S. 59 applied (with modifications) (30.4.1999) by S.I. 1999/1306 art. 8(4)(5)

S. 59 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 59 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 59 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 59 applied (with modifications) (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

S. 59: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(c)

S. 59 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 59 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 59 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 59 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 59 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

Commencement Information

I4S. 59 wholly in force: s. 59(1)(2)(4)-(6) in force at 1.1.1993, see s. 170 and S.I. 1992/2984, art. 2(2), Sch. 2; s. 59(3) in force at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.

60 General duty of undertakers to co-operate.E+W

(1)An undertaker shall as regards the execution of street works use his best endeavours to co-operate with the street authority and with other undertakers—

(a)in the interests of safety,

(b)to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and

(c)to protect the structure of the street and the integrity of apparatus in it.

(2)The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.

(3)An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C36S. 60 applied (4.4.1996) by S.I. 1996/937 art. 8(4)(5)

S. 60 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 60 applied (with modifications) (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

S. 60 applied (13.1.1999) by S.I. 1998/3269 art. 4(2)(3)

S. 60 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 60 applied (10.2.1997) by S.I. 1997/264 art. 8(6)(7)

S. 60 applied (with modifications) (30.4.1999) by S.I. 1999/1306 art. 8(4)(5)

S. 60 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 60 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 60 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 60 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 60 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 60 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 60 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 60 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C38S. 60(1): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(g)

Commencement Information

I5S. 60 wholly in force: s. 60(1)(3) in force at 1.1.1993 see s. 170 and S.I. 1992/2984, art. 2(2), Sch. 2; s. 60(2) in force at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.

Streets subject to special controlsE+W

61 Protected streets.E+W

(1)The consent of the street authority is required for the placing of apparatus by an undertaker in a protected street, except as mentioned below.

The following are “protected streets” for this purpose—

(a)any highway or proposed highway which is a special road in accordance with section 16 of the M30Highways Act 1980, and

(b)any street designated by the street authority as protected.

(2)Consent is not required for the placing of apparatus—

(a)by way of renewal of existing apparatus, or

(b)in pursuance of a street works licence,

unless, in the latter case, the licence was granted before the street became a protected street.

(3)The street authority may require the payment of—

(a)a reasonable fee in respect of the legal or other expenses incurred in connection with the giving of their consent under this section, and

(b)an annual fee of a reasonable amount for administering the consent;

and any such fee is recoverable from the undertaker.

This shall not be construed as affecting any right of the authority where they own the land on which the street is situated to grant for such consideration as they think fit the right to place anything in, under or over the land.

(4)Where the apparatus is to be placed crossing the protected street and not running along it, the street authority shall not withhold their consent unless there are special reasons for doing so.

(5)Consent to the placing of apparatus in a protected street may be given subject to conditions; and the street authority may agree to contribute to the expenses incurred by the undertaker in complying with the conditions.

(6)Any dispute between a street authority and an undertaker as to the withholding of consent, the imposition of conditions, or the making of contributions shall be settled by arbitration.

(7)An undertaker having a statutory duty to afford a supply or service shall not be regarded as in breach of that duty if, or to the extent that, it is not reasonably practicable to afford a supply or service by reason of anything done by the street authority in exercise of their functions under this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C39S. 61 modified (27.11.1992) by S.I. 1992/2984, art. 7

S. 61: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(h)

Marginal Citations

62 Supplementary provisions as to designation of protected streets.E+W

(1)The Secretary of State may prescribe—

(a)the criteria for designating a street as protected,

(b)the procedure for making or withdrawing such a designation, and

(c)the information to be made available by a street authority as to the streets for the time being so designated by them.

(2)Where a street has been designated as protected the street authority may direct an undertaker to remove or change the position of apparatus placed in the street at a time when it was not so designated.

The authority shall indemnify the undertaker in respect of his reasonable expenses in complying with such a direction.

(3)Where a designation is withdrawn the street authority may give such directions as they consider appropriate as to—

(a)the continuance in force of any conditions subject to which consent was given for the placing of apparatus in the street, and

(b)the continuance of entitlement to any contributions in respect of the expenses of an undertaker in complying with such conditions.

(4)Where a designation is made or withdrawn the street authority may give such directions as they consider appropriate with respect to works in progress in the street when the designation comes into force or ceases to have effect.

(5)Any dispute between a street authority and an undertaker as to the exercise by the authority of their powers under subsection (2), (3) or (4) shall be settled by arbitration.

63 Streets with special engineering difficulties.E+W

(1)The provisions of Schedule 4 have effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties.

(2)The Secretary of State may prescribe—

(a)the criteria for designating a street as having special engineering difficulties,

(b)the procedure for making or withdrawing such a designation, and

(c)the information to be made available by a street authority as to the streets for the time being so designated by them.

(3)Where a local highway authority are asked to designate a street as having special engineering difficulties—

(a)by a transport authority on the ground of the proximity of the street to a structure belonging to, or under the management or control of, the authority, or

(b)by an undertaker having apparatus in the street,

and decline to do so, the transport authority or undertaker may appeal to the Secretary of State who may direct that the street be designated.

(4)The designation of a street as having special engineering difficulties shall not be withdrawn except after consultation with any transport authority or undertaker at whose request the designation was made; and a designation made in pursuance of a direction by the Secretary of State shall not be withdrawn except with his consent.

64 Traffic-sensitive streets.E+W

(1)Regulations made for the purposes of section 54, 55 or 57 (notices required to be given in respect of street works) may make special provision in relation to street works in a street designated by the street authority as traffic-sensitive.

(2)The Secretary of State may prescribe—

(a)the criteria for designating a street as traffic-sensitive,

(b)the procedure for making or withdrawing such a designation, and

(c)the information to be made available by a street authority as to the streets for the time being so designated by them.

(3)If it appears to the street authority that the prescribed criteria are met only at certain times or on certain dates, a limited designation may be made accordingly.

In such a case the reference in subsection (1) to the execution of works in a street designated as traffic-sensitive shall be construed as a reference to works so executed at those times or on those dates.

[F10(4)Where any council of a London borough or the Common Council of the City of London are asked by the Traffic Director for London to designate a street as a traffic-sensitive street and they decline to do so, the Director may appeal to the Secretary of State who may direct that the street be designated.]

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Amendments (Textual)

General requirements as to execution of street worksE+W

65 Safety measures.E+W

(1)An undertaker executing street works shall secure—

(a)that any part of the street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and

(b)that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street,

having regard, in particular, to the needs of people with a disability.

(2)In discharging in relation to a highway his duty with respect to the placing, maintenance or operation of traffic signs, an undertaker shall comply with any directions given by the traffic authority.

The power of the traffic authority to give directions under this subsection is exercisable subject to any directions given by the Secretary of State under section 65 of the M31Road Traffic Regulation Act 1984.

(3)The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with that subsection; and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that subsection.

(4)An undertaker who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)If it appears to the street authority that an undertaker has failed to comply with subsection (1) or (2), they may take such steps as appear to them necessary and may recover from the undertaker the costs reasonably incurred by them in doing so.

(6)If a person without lawful authority or excuse—

(a)takes down, alters or removes any fence, barrier, traffic sign or light erected or placed in pursuance of subsection (1) or (2) above, or

(b)extinguishes a light so placed,

he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Modifications etc. (not altering text)

C40S. 65(2)(5): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 paras. 1(i), 2

Commencement Information

I6S. 65 wholly in force: s. 65(1)(2)(4)-(6) in force at 1.4.1993 see s. 170(1) and S.I. 1992/2984, art. 2(3), Sch. 3; s. 65(3) in force at 14.7.1992 by S.I. 1992/1686, art. 2, Sch.

Marginal Citations

66 Avoidance of unnecessary delay or obstruction.E+W

(1)An undertaker executing street works which involve—

(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

shall carry on and complete the works with all such dispatch as is reasonably practicable.

(2)An undertaker who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)Where an undertaker executing any street works creates an obstruction in a street to a greater extent or for a longer period than is reasonably necessary, the street authority may by notice require him to take such reasonable steps as are specified in the notice to mitigate or discontinue the obstruction.

(4)If the undertaker fails to comply with such a notice within 24 hours of receiving it, or any longer period specified in the notice, the authority may take the necessary steps and recover from him the costs reasonably incurred by them in doing so.

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Modifications etc. (not altering text)

C41S. 66(3)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(j)

67 Qualifications of supervisors and operatives.E+W

(1)It is the duty of an undertaker executing street works involving—

(a)breaking up the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

to secure that, except in such cases as may be prescribed, the execution of the works is supervised by a person having a prescribed qualification as a supervisor.

(2)It is the duty of an undertaker executing street works involving—

(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or

(b)tunnelling or boring under the street,

to secure that, except in such cases as may be prescribed, there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.

(3)An undertaker who fails to comply with his duty under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)Regulations made by the Secretary of State for the purposes of this section may include provision with respect to—

(a)the approval of bodies conferring qualifications (and the withdrawal of such approval), and

(b)the circumstances in which a qualification may be conferred.

68 Facilities to be afforded to street authority.E+W

(1)An undertaker executing street works shall afford the street authority reasonable facilities for ascertaining whether he is complying with his duties under this Part.

(2)An undertaker who fails to afford the street authority such facilities commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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Modifications etc. (not altering text)

C42S. 68 applied (with modifications) (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

S. 68 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 68 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 68 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

C44S. 68: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(k)

69 Works likely to affect other apparatus in the street.E+W

(1)Where street works are likely to affect another person’s apparatus in the street, the undertaker executing the works shall take all reasonably practicable steps—

(a)to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and

(b)to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.

(2)An undertaker who fails to comply with subsection (1) commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)In proceedings against a person for such an offence it is a defence for him to show that the failure was attributable—

(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

(b)to his not knowing the identity or address of the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.

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Modifications etc. (not altering text)

C45S. 69 excluded (27.11.1992) by S.I. 1992/2984, art. 8

C47S. 69 applied (27.8.1998) by S.I. 1998/1936 art. 4(3)

S. 69 applied (21.5.1997) by S.I. 1997/1266 art. 5(2)(3)

S. 69 applied (11.11.1996) by S.I. 1996/2714 art. 4(2)(3)

S. 69 applied (13.1.1999) by S.I. 1998/3269 art. 4(2)(3)

S. 69 applied (10.2.1997) by S.I. 1997/264 art. 8(6)(7)

S. 69 applied (with modifications) (30.4.1999) by S.I. 1999/1306 art. 8(4)(5)

S. 69 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 69 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 69 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 69 applied (4.4.1996) by S.I. 1996/937 art. 8(4)(5)

S. 69 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 69 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 69 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 69 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 69 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

ReinstatementE+W

70 Duty of undertaker to reinstate.E+W

(1)It is the duty of the undertaker by whom street works are executed to reinstate the street.

(2)He shall begin the reinstatement as soon after the completion of any part of the street works as is reasonably practicable and shall carry on and complete the reinstatement with all such dispatch as is reasonably practicable.

(3)He shall before the end of the next working day after the day on which the reinstatement is completed inform the street authority that he has completed the reinstatement of the street, stating whether the reinstatement is permanent or interim.

(4)If it is interim, he shall complete the permanent reinstatement of the street as soon as reasonably practicable and in any event within six months (or such other period as may be prescribed) from the date on which the interim reinstatement was completed; and he shall notify the street authority when he has done so.

(5)The permanent reinstatement of the street shall include, in particular, the reinstatement of features designed to assist people with a disability.

(6)An undertaker who fails to comply with any provision of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7)In proceedings against a person for an offence of failing to comply with subsection (2) it is a defence for him to show that any delay in reinstating the street was in order to avoid hindering the execution of other works, or other parts of the same works, to be undertaken immediately or shortly thereafter.

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Modifications etc. (not altering text)

C49S. 70 excluded (27.11.1992) by S.I. 1992/2984, art. 9

C50S. 70(3)(4): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 19(l)

Commencement Information

I7S. 70 wholly in force: s.70(1)-(3)(5)-(7) in force at 1.1.1993 see s. 170(1) and S.I. 1992/2984, art. 2(2), Sch. 2; s. 70(4) in force at 14.7.1992, see s. 170 and S.I. 1992/1686, art. 2, Sch.

71 Materials, workmanship and standard of reinstatement.E+W

(1)An undertaker executing street works shall in reinstating the street comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.

(2)He shall also ensure that the reinstatement conforms to such performance standards as may be prescribed—

(a)in the case of interim reinstatement, until permanent reinstatement is effected, and

(b)in the case of permanent reinstatement, for the prescribed period after the completion of the reinstatement.

This obligation is extended in certain cases and restricted in others by the provisions of section 73 as to cases where a reinstatement is affected by subsequent works.

(3)Regulations made for the purposes of this section may make different provision in relation to different classes of excavation and different descriptions of street, and in relation to interim and permanent reinstatement.

(4)The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsections (1) and (2); and regulations made for the purposes of this section may provide that—

(a)so far as an undertaker complies with such a code of practice he shall be taken to comply with his duties under this section; and

(b)a failure in any respect to comply with any such code is evidence of failure in that respect to comply with those duties.

(5)An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

72 Powers of street authority in relation to reinstatement.E+W

(1)The street authority may carry out such investigatory works as appear to them to be necessary to ascertain whether an undertaker has complied with his duties under this Part with respect to reinstatement.

If such a failure is disclosed, the undertaker shall bear the cost of the investigatory works; if not, the street authority shall bear the cost of the investigatory works and of any necessary reinstatement.

(2)Where an undertaker has failed to comply with his duties under this Part with respect to reinstatement, he shall bear the cost of—

(a)a joint inspection with the street authority to determine the nature of the failure and what remedial works need to be undertaken,

(b)an inspection by the authority of the remedial works in progress, and

(c)an inspection by the authority when the remedial works have been completed.

(3)The street authority may by notice require an undertaker who has failed to comply with his duties under this Part with respect to reinstatement to carry out the necessary remedial works within such period of not less than 7 working days as may be specified in the notice.

If he fails to comply with the notice, the authority may carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.

(4)If it appears to the street authority that a failure by an undertaker to comply with his duties under this Part as to reinstatement is causing danger to users of the street, the authority may carry out the necessary works without first giving notice and may recover from him the costs reasonably incurred by them in doing so.

They shall, however, give notice to him as soon as reasonably practicable stating their reasons for taking immediate action.

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Modifications etc. (not altering text)

C51S. 72: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(m)

73 Reinstatement affected by subsequent works.E+W

(1)The provisions of this section apply in relation to an undertaker’s duty under section 71(2) to ensure that a reinstatement conforms to the prescribed performance standards for the requisite period; and references to responsibility for a reinstatement and to the period of that responsibility shall be construed accordingly.

(2)Where a reinstatement is affected by remedial works executed by the undertaker in order to comply with his duties under this Part with respect to reinstatement and the extent of the works exceeds that prescribed, the subsequent reinstatement shall be treated as a new reinstatement as regards the period of his responsibility.

(3)Where the street authority carry out investigatory works in pursuance of section 72(1) and the investigation does not disclose any failure by the undertaker to comply with his duties under this Part with respect to reinstatement, then, to the extent that the original reinstatement has been disturbed by the investigatory works, the responsibility of the undertaker for the reinstatement shall cease.

(4)Where a reinstatement is affected by remedial works executed by the street authority in exercise of their powers under section 72(3) or (4) (powers to act in default of undertaker)—

(a)the undertaker is responsible for the subsequent reinstatement carried out by the authority, and

(b)if the extent of the works exceeds that prescribed, the subsequent reinstatement shall be treated as a new reinstatement as regards the period of his responsibility.

(5)The following provisions apply where a reinstatement is affected by subsequent works in the street otherwise than as mentioned above.

(6)If the reinstatement is dug out to any extent in the course of the subsequent works, the responsibility of the undertaker for the reinstatement shall cease to that extent.

(7)If in any other case the reinstatement ceases to conform to the prescribed performance standards by reason of the subsequent works, the responsibility of the undertaker for the reinstatement is transferred to the person executing the subsequent works; and the provisions of this Part apply in relation to him as they would have applied in relation to the undertaker.

(8)Where there are successive subsequent works affecting a reinstatement, then as between earlier and later works—

(a)subsections (6) and (7) apply in relation to the cessation or transfer of the responsibility of the person for the time being responsible for the reinstatement; and

(b)if the reinstatement ceases to conform to the prescribed performance standards by reason of the works or any of them, it shall be presumed until the contrary is proved that this was caused by the later or last of the works.

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Modifications etc. (not altering text)

C52S. 73(5)-(8) extended (27.11.1992) by S.I. 1992/2984, art. 11

Charges, fees and contributions payable by undertakersE+W

74 Charge for occupation of the highway where works unreasonably prolonged.E+W

(1)The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay a charge to the highway authority where—

(a)the duration of the works exceeds such period as may be prescribed, and

(b)the works are not completed within a reasonable period.

(2)For this purpose “a reasonable period” means such period as is agreed by the authority and the undertaker to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable, for completion of the works in question.

In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

[F11(2A)The regulations may prescribe exemptions from the requirement to pay charges.]

(3)The regulations may provide that if an undertaker has reason to believe that the duration of works will exceed the prescribed period he [F12shall give to the authority, in such manner as may be prescribed, notice containing] an estimate of their likely duration—

(a)in the case of works in connection with the initial placing of apparatus in the street in pursuance of a street works licence, together with his application for the licence,

(b)in the case of other works (not being emergency works), together with his notice under section 55 (notice of starting date), or

(c)in the case of emergency works, as soon as reasonably practicable after the works are begun,

and that the period stated in an estimate [F13contained in a notice given to an authority in such manner] shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

(4)The regulations may also provide that if it appears to the undertaker that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—

(a)is likely to exceed the prescribed period,

(b)is likely to exceed the period stated in his previous estimate, or

(c)is likely to exceed the period previously agreed or determined to be a reasonable period,

he [F14shall give to the authority, in such manner as may be prescribed, notice containing] an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

(5)The amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the highway is affected by the works.

Different rates of charge may be prescribed according to the place and time at which the works are executed and such other factors as appear to the Secretary of State to be relevant.

[F15(5A)The regulations may—

(a)prescribe more than one rate of charge in respect of the same description of works, and

(b)provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.

(5B)The regulations may make provision for the determination of the duration of works for the purposes of the regulations.

(5C)And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.]

(6)The regulations may make provision as to the time and manner of making payment of any charge.

(7)The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a [F16charge -

(a)in any particular case,

(b)in such classes of case as they may decide or as may be prescribed, or

(c)in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.]

[F17(7A)The regulations may make provision as to—

(a)the application by local highway authorities of sums paid by way of charges, and

(b)the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.

(7B)The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 3 on the standard scale.]

(8)The first regulations for the purposes of this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

F11S. 74(2A) inserted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(2); S.I. 2001/57, art. 3, Sch. 2 Pt. I, (as amended by S.I. 2001/115, art. 2(5))

F12Words in s. 74(3) substituted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(3)(a); S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I. 2001/115, art. 2(5))

F13Words in s. 74(3) substituted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(3)(b); S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I. 2001/115, art. 2(5))

F14Words in s. 74(4) substituted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(4); S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I. 2001/115, art. 2(5))

F15S. 74(5A)-(5C) inserted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(5); S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I. 2001/115, art. 2(5))

F16Words in s. 74(7) substituted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(6); S.I. 2001/57, art. 3, Sch. 2 Pt. I (as amended by S.I. 2001/115, art. 2(5))

F17S. 74(7A)(7B) inserted (1.2.2001 subject to transitional provision and saving in Sch. 2 Pt. II of the commencing S.I.) by 2000 c. 38, s. 256(7); S.I. 2001/57, art. 3 Sch. 2 Pt. I (as amended by S.I. 2001/115, art. 2(5))

[74AF18Charge determined by reference to duration of works.E+W

(1)The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay to the highway authority a charge determined, in the prescribed manner, by reference to the duration of the works.

(2)The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has approved it for the purposes of the regulations by order made by statutory instrument.

(3)The regulations may prescribe exemptions from the requirement to pay charges.

(4)The regulations may prescribe different rates of charge according to—

(a)the extent to which the surface of the highway is affected by the works,

(b)the place and time at which the works are executed, and

(c)such other factors as appear to the Secretary of State to be relevant.

(5)The regulations may—

(a)prescribe more than one rate of charge in respect of the same description of works, and

(b)provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.

(6)The regulations may make provision for the determination of the duration of works for the purposes of the regulations.

(7)And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.

(8)The regulations may make provision as to the time and manner of making payment of charges.

(9)The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge—

(a)in any particular case,

(b)in such classes of case as they may decide or as may be prescribed, or

(c)in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.

(10)The regulations may make provision as to—