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New Roads and Street Works Act 1991

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This is the original version (as it was originally enacted).

49The street authority and other relevant authorities

(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 [1980 c. 66.] Highways 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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