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New Roads and Street Works Act 1991

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121 Supplementary provisions as to designation of protected roads.S

(1)The Secretary of State may prescribe—

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

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

(c)the information to be made available by a road works authority as to the roads for the time being designated by them.

(2)Where a road has been designated as protected the road works authority may direct an undertaker to remove or change the position of apparatus placed in the road 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(3)Where a designation is withdrawn the road works authority may give such directions as they consider appropriate as to—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 road, 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(4)Where a designation is made or withdrawn the road works authority may give such directions as they consider appropriate with respect to works in progress in the road when the designation comes into force or ceases to have effect.

(5)Any dispute between a road works 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.

(6)Where a road has been designated as protected, the roads authority shall indicate that it has been so designated in the list of public roads which they are obliged to maintain by virtue of section 1 or 2 of the M1Roads (Scotland) Act 1984.

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