New Roads and Street Works Act 1991

1. Introductory Text

2. Part I New Roads in England and Wales

   1. Concession agreements

      1. 1. Concession agreements.

      2. 2. Exercise of highway functions by concessionaire.

      3. 3. Provisions as to traffic regulation.

      4. 4. Leasing of land to concessionaire.

      5. 5. Transfer or termination of concession.

   2. Toll orders

      1. 6. Toll orders.

      2. 7. The toll period.

      3. 8. Amount of tolls chargeable by concessionaire.

      4. 9. Amount of tolls chargeable by highway authority.

      5. 10. Application of enactments relating to monopolies, &c.

      6. 11. Variation or revocation of toll order.

      7. 12. Extension toll orders.

   3. Further provisions with respect to tolls

      1. 13. Further provisions as to charging of tolls.

      2. 14. Collection of tolls.

      3. 15. Refusal or failure to pay tolls.

      4. 16. Facilities for collection of tolls.

      5. 17. Restriction of access to toll roads.

   4. Annual report

      1. 18. Annual report on concession agreements and toll orders.

   5. Miscellaneous

      1. 19.. Environmental assessment of projects involving special roads.

      2. 20. Classification of traffic for purposes of special roads.

      3. 21. Certain special roads not necessarily trunk roads.

      4. 22. Adoption of privately constructed roads.

      5. 23. Execution of works by highway authority at expense of another.

      6. 24. Exercise of road traffic regulation powers.

   6. General

      1. 25. Application of provisions of the Highways Act 1980, &c.

      2. 26. Interpretation.

3. Part II New Roads in Scotland

   1. Toll Roads

      1. 27. Toll orders.

      2. 28. Assignation of rights under a toll order.

      3. 29. The toll period.

      4. 30. Extension toll orders.

      5. 31. Amount of tolls chargeable.

      6. 32. Toll order in respect of major crossings.

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

      8. 34. Variation or revocation of toll order.

      9. 35. Transfer or termination of assignation.

   2. Further provision with respect to tolls

      1. 36. Further provision as to charging of tolls.

      2. 37. Collection of tolls.

      3. 38. Refusal or failure to pay tolls.

      4. 39. Facilities for collection of tolls.

      5. 40. Restriction of access to toll roads.

   3. Report

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

   4. Supplementary provisions

      1. 42. Environmental assessment of projects involving special roads.

      2. 43. Provisions as to traffic regulation.

      3. 44. Exercise of road traffic regulation powers.

      4. 45. Classification of traffic for purposes of special roads.

      5. 46. Special roads not necessarily to be trunk roads.

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

4. Part III Street works in England and Wales

   1. Introductory provisions

      1. 48. Streets, street works and undertakers.

      2. 49. The street authority and other relevant authorities.

      3. 50. Street works licences.

      4. 51. Prohibition of unauthorised street works.

      5. 52. Emergency works.

   2. The street works register

      1. 53. The street works register.

   3. Notice and co-ordination of works

      1. 54. Advance notice of certain works.

      2. 55. Notice of starting date of works.

      3. 56. Power to give directions as to timing of street works.

      4. 57. Notice of emergency works.

      5. 58. Restriction on works following substantial road works.

      6. 59. General duty of street authority to co-ordinate works.

      7. 60. General duty of undertakers to co-operate.

   4. Streets subject to special controls

      1. 61. Protected streets.

      2. 62. Supplementary provisions as to designation of protected streets.

      3. 63. Streets with special engineering difficulties.

      4. 64. Traffic-sensitive streets.

   5. General requirements as to execution of street works

      1. 65. Safety measures.

      2. 66. Avoidance of unnecessary delay or obstruction.

      3. 67. Qualifications of supervisors and operatives.

      4. 68. Facilities to be afforded to street authority.

      5. 69. Works likely to affect other apparatus in the street.

   6. Reinstatement

      1. 70. Duty of undertaker to reinstate.

      2. 71. Materials, workmanship and standard of reinstatement.

      3. 72. Powers of street authority in relation to reinstatement.

      4. 73. Reinstatement affected by subsequent works.

   7. Charges, fees and contributions payable by undertakers

      1. 74. Charge for occupation of the highway where works unreasonably prolonged.

      2. 75. Inspection fees.

      3. 76. Liability for cost of temporary traffic regulation.

      4. 77. Liability for cost of use of alternative route.

      5. 78. Contributions to costs of making good long-term damage.

   8. Duties and liabilities of undertakers with respect to apparatus

      1. 79. Records of location of apparatus.

      2. 80. Duty to inform undertakers of location of apparatus.

      3. 81. Duty to maintain apparatus.

      4. 82. Liability for damage or loss caused.

   9. Apparatus affected by highway, bridge or transport works

      1. 83. Works for road purposes likely to affect apparatus in the street.

      2. 84. Measures necessary where apparatus affected by major works.

      3. 85. Sharing of cost of necessary measures.

   10. Provisions with respect to particular authorities and undertakings

       1. 86. Highway authorities, highways and related matters.

       2. 87. Prospectively maintainable highways.

       3. 88. Bridges, bridge authorities and related matters.

       4. 89. Public sewers, sewer authorities and related matters.

       5. 90. Provisions as to reinstatement of sewers, drains or tunnels.

       6. 91. Transport authorities, transport undertakings and related matters.

       7. 92. Special precautions as to displaying of lights.

       8. 93. Works affecting level crossings or tramways.

   11. Power of street authority or district council to undertake street works

       1. 94. Power of street authority or district council to undertake street works.

   12. Supplementary provisions

       1. 95. Offences.

       2. 96. Recovery of costs or expenses.

       3. 97. Service of notices and other documents.

       4. 98. Reckoning of periods.

       5. 99. Arbitration.

       6. 100. Agreements inconsistent with the provisions of this Part.

       7. 101. Effect of this Part on certain existing special enactments or instruments.

       8. 102. Effect of this Part on other existing enactments or instruments.

       9. 103. Former controlled land.

       10. 104. Meaning of “prescribed” and regulations generally.

       11. 105. Minor definitions.

       12. 106. Index of defined expressions.

5. Part IV Road works in Scotland

   1. Introductory provisions

      1. 107. Roads, road works and undertakers.

      2. 108. The road works authority and other relevant authorities.

      3. 109. Permission to execute road works.

      4. 110. Prohibition of unauthorised road works.

      5. 111. Emergency works.

   2. The road works register

      1. 112. The road works register.

   3. Notice and co-ordination of works

      1. 113. Advance notice of certain works.

      2. 114. Notice of starting date of works.

      3. 115. Power to give directions as to timing of works.

      4. 116. Notice of emergency works.

      5. 117. Restriction on works following substantial works carried out for road purposes.

      6. 118. General duty of road works authority to co-ordinate works.

      7. 119. General duty of undertakers to co-operate.

   4. Roads subject to special controls

      1. 120. Protected roads.

      2. 121. Supplementary provisions as to designation of protected roads.

      3. 122. Roads with special engineering difficulties.

      4. 123. Traffic-sensitive roads.

   5. General requirements as to execution of road works

      1. 124. Safety measures.

      2. 125. Avoidance of unnecessary delay or obstruction.

      3. 126. Qualifications of supervisors and operatives.

      4. 127. Facilities to be afforded to road works authority.

      5. 128. Works likely to affect other apparatus in the road.

   6. Reinstatement

      1. 129. Duty of undertaker to reinstate.

      2. 130. Materials, workmanship and standard of reinstatement.

      3. 131. Powers of road works authority in relation to reinstatement.

      4. 132. Reinstatement affected by subsequent works.

   7. Charges, fees and contributions payable by undertakers

      1. 133. Charge for occupation of the road where works unreasonably prolonged.

      2. 134. Inspection fees.

      3. 135. Liability for cost of temporary traffic regulation.

      4. 136. Liability for cost of use of alternative route.

      5. 137. Contributions to costs of making good long-term damage.

   8. Duties and liabilities of undertakers with respect to apparatus

      1. 138. Records of location of apparatus.

      2. 139. Duty to inform undertakers of location of apparatus.

      3. 140. Duty to maintain apparatus.

      4. 141. Liability for damage or loss caused.

   9. Apparatus affected by road, bridge or transport works

      1. 142. Works for road purposes likely to affect apparatus in the road.

      2. 143. Measures necessary where apparatus affected by major works.

      3. 144. Sharing of cost of necessary measures.

   10. Provisions with respect to particular authorities and undertakings

       1. 145. Roads authorities, roads and related matters.

       2. 146. Prospective public roads.

       3. 147. Bridges, bridge authorities and related matters.

       4. 148. Sewers.

       5. 149. Provisions as to reinstatement of sewers, drains or tunnels.

       6. 150. Transport authorities, transport undertakings and related matters.

       7. 151. Special precautions as to displaying of lights.

       8. 152. Works affecting level crossings or tramways.

   11. Power of road works authority or district council to undertake road works

       1. 153. Power of road works authority or district council to undertake road works.

   12. Supplementary provisions

       1. 154. Offences.

       2. 155. Recovery of costs or expenses.

       3. 156. Service of notices and other documents.

       4. 157. Reckoning of periods.

       5. 158. Arbitration.

       6. 159. Agreements inconsistent with the provisions of this Part.

       7. 160. Effect of this Part on certain existing special enactments or instruments.

       8. 161. Effect of this Part on other existing enactments or instruments.

       9. 162. Former controlled land.

       10. 163. Meaning of “prescribed” and regulations generally.

       11. 164. Minor definitions.

       12. 165. Index of defined expressions.

6. Part V General

   1. 166. Offences by bodies corporate or Scottish partnerships.

   2. 167. Crown application.

   3. 168. Minor and consequential amendments and repeals.

   4. 169. Extent.

   5. 170. Commencement.

   6. 171. Short title.

7. 1. Schedule 1

      Supplementary provisions as to termination of concession.

   2. Schedule 2

      Procedure in connection with toll orders.

   3. Schedule 3

      Street works licences.

   4. Schedule 4

      Streets with special engineering difficulties.

   5. Schedule 5

      Procedure for making certain orders under Part III.

   6. Schedule 6

      Roads with special engineering difficulties.

   7. Schedule 7

      Procedure for making certain orders under Part IV.

   8. Schedule 8

      Minor and consequential amendments.

      1. Part I Amendments of the Highways Act 1980.

      2. Part II Amendments of the Road Traffic Regulation Act 1984.

      3. Part III Amendments of the Roads (Scotland) Act 1984.

      4. Part IV Amendments of other enactments.

   9. Schedule 9

      Repeals.