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New Roads and Street Works Act 1991
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- 1991 c. 22
- Part I
- Toll orders
- Section 8
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act applied by S.I. 2007/2657 art. 3(2)
- Act certain functions made exercisable by S.I. 2009/721 art. 3 Sch. 2
- Act excluded by S.I. 2005/2222 art. 10(6)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 53A inserted by 2004 c. 18 s. 48
- s. 56A excluded by 2008 c. 18 Sch. 14 para. 14(2)
- s. 56A excluded by S.I. 2005/120 art. 4(3)
- s. 56A excluded by S.I. 2006/2905 art. 3(3)
- s. 56A excluded by S.I. 2007/2297 art. 3(2)
- s. 56A excluded by S.I. 2008/1261 art. 6(2)
- s. 56A excluded by S.I. 2009/1300 art. 4(3)
- s. 56A excluded by S.I. 2009/2364 art. 3(3)
- s. 56A inserted by 2004 c. 18 s. 44
- s. 58A excluded by S.I. 2005/120 art. 4(3)
- s. 58A excluded by S.I. 2006/2905 art. 3(3)
- s. 58A excluded by S.I. 2008/1261 art. 6(2)
- s. 58A excluded by S.I. 2009/1300 art. 4(3)
- s. 58A excluded by S.I. 2009/2364 art. 3(3)
- s. 58A inserted by 2004 c. 18 s. 52(1)
- s. 58A modified by S.I. 2009/3141 Sch. Appendix B
- s. 58A modified by S.I. 2009/3142 Sch. Appendix B
- s. 58A modified by S.I. 2009/3148 Sch. Appendix B
- s. 58A modified by S.I. 2009/3149 Sch. Appendix B
- s. 58A modified by S.I. 2009/3158 Sch. Appendix B
- s. 58A modified by S.I. 2009/3162 Sch. Appendix B
- s. 58A modified by S.I. 2009/3163 Sch. Appendix B
- s. 58A modified by S.I. 2009/3165 Sch. Appendix B
- s. 58A modified by S.I. 2009/3167 Sch. Appendix B
- s. 58A modified by S.I. 2009/3168 Sch. Appendix B
- s. 58A modified by S.I. 2009/3169 Sch. Appendix B
- s. 58A modified by S.I. 2009/3170 Sch. Appendix B
- s. 58A modified by S.I. 2009/3171 Sch. Appendix B
- s. 58A modified by S.I. 2009/3178 Sch. Appendix B
- s. 58A modified by S.I. 2009/3179 Sch. Appendix B
- s. 58A modified by S.I. 2009/3180 Sch. Appendix B
- s. 58A modified by S.I. 2009/3186 Sch. Appendix B
- s. 58A modified by S.I. 2009/3187 Sch. Appendix B
- s. 58A modified by S.I. 2009/3189 Sch. Appendix B
- s. 58A modified by S.I. 2011/1956 Sch. Appendix B
- s. 58A modified by S.I. 2011/1957 Sch. Appendix B
- s. 58A modified by S.I. 2011/1958 Sch. Appendix B
- s. 58A modified by S.I. 2011/1959 Sch. Appendix B
- s. 58A modified by S.I. 2011/1960 Sch. Appendix B
- s. 58A modified by S.I. 2011/1961 Sch. Appendix B
- s. 58A modified by S.I. 2011/1962 Sch. Appendix B
- s. 58A modified by S.I. 2011/2599 Sch. Appendix B
- s. 58A modified by S.I. 2011/2600 Sch. Appendix B
- s. 73A excluded by S.I. 2005/120 art. 4(3)
- s. 73A excluded by S.I. 2006/2905 art. 3(3)
- s. 73A excluded by S.I. 2007/2297 art. 3(2)
- s. 73A excluded by S.I. 2008/1261 art. 6(2)
- s. 73A excluded by S.I. 2009/1300 art. 4(3)
- s. 73A excluded by S.I. 2009/2364 art. 3(3)
- s. 73A-73C inserted by 2004 c. 18 s. 55(1)
- s. 73A modified by S.I. 2009/3188 Sch. para. 3.12
- s. 73A(1) restricted by 2008 c. 18 Sch. 14 para. 14(8)
- s. 73A(2)(a) modified by S.I. 2007/3372 reg. 37(3)
- s. 73A(2)(a) modified by S.I. 2009/1267 reg. 37(3)
- s. 73B excluded by S.I. 2005/120 art. 4(3)
- s. 73B excluded by S.I. 2006/2905 art. 3(3)
- s. 73B excluded by S.I. 2007/2297 art. 3(2)
- s. 73B excluded by S.I. 2008/1261 art. 6(2)
- s. 73B excluded by S.I. 2009/1300 art. 4(3)
- s. 73B excluded by S.I. 2009/2364 art. 3(3)
- s. 73C excluded by S.I. 2005/120 art. 4(3)
- s. 73C excluded by S.I. 2006/2905 art. 3(3)
- s. 73C excluded by S.I. 2007/2297 art. 3(2)
- s. 73C excluded by S.I. 2008/1261 art. 6(2)
- s. 73C excluded by S.I. 2009/1300 art. 4(3)
- s. 73C excluded by S.I. 2009/2364 art. 3(3)
- s. 73D 73E inserted by 2004 c. 18 s. 56
- s. 73F inserted by 2004 c. 18 s. 59
- s. 78A excluded by S.I. 2005/120 art. 4(3)
- s. 78A excluded by S.I. 2006/2905 art. 3(3)
- s. 78A excluded by S.I. 2007/2297 art. 3(2)
- s. 78A excluded by S.I. 2008/1261 art. 6(2)
- s. 78A excluded by S.I. 2009/1300 art. 4(3)
- s. 78A excluded by S.I. 2009/2364 art. 3(3)
- s. 78A inserted by 2004 c. 18 s. 57(1)
- s. 78A(1)(b) restricted by 2008 c. 18 Sch. 14 para. 14(9)
- s. 95A inserted by 2004 c. 18 s. 41(1)
- s. 95A(1) excluded by S.I. 2007/1952 reg. 3
- s. 95A(1) excluded by S.I. 2008/102 reg. 3
- s. 112A 112B substituted for s. 112 by 2005 asp 12 s. 19(1)
- s. 112B(1) savings for effects of 2005 asp 12 s. 19 22(2) by SSI 2008/15 art. 3(1)-(4) (as inserted) by S.S.I. 2008/90 art. 3 (commencement order for 2005 asp 12)
- s. 112B(2) savings for effects of 2005 asp 12 s. 19 22(2) by SSI 2008/15 art. 3(1)-(4) (as inserted) by S.S.I. 2008/90 art. 3 (commencement order for 2005 asp 12)
- s. 115A inserted by 2005 asp 12 s. 21(1)
- s. 119A inserted by 2005 asp 12 s. 25(2)
- s. 126A inserted by 2005 asp 12 s. 27
- s. 130A inserted by 2005 asp 12 s. 37(1)
- s. 130B inserted by 2005 asp 12 s. 38(1)
- s. 132A-132C inserted by 2005 asp 12 s. 30(1)
- s. 132D 132E inserted by 2005 asp 12 s. 31
- s. 137A inserted by 2005 asp 12 s. 32(1)
- s. 154A inserted by 2005 asp 12 s. 34(1)
- s. 154A(5) restricted by S.S.I. 2008/244 reg. 3
- s. 154B inserted by 2005 asp 12 s. 35
- s. 157A inserted by 2005 asp 12 s. 36(4)
- s. 163A inserted by 2005 asp 12 s. 39
- Sch. 3A excluded by 2008 c. 18 Sch. 14 para. 14(10)
- Sch. 3A para. 3(4) excluded by 2008 c. 18 Sch. 14 para. 14(13)
- Sch. 3A para. 5(1) excluded by 2008 c. 18 Sch. 14 para. 14(14)
- Sch. 3A excluded by S.I. 2005/120 art. 4(3)
- Sch. 3A excluded by S.I. 2006/2905 art. 3(3)
- Sch. 3A para. 3(4) excluded by S.I. 2007/1951 reg. 12(8)
- Sch. 3A para. 5(1) excluded by S.I. 2007/1951 reg. 12(10)
- Sch. 3A excluded by S.I. 2007/2297 art. 3(2)
- Sch. 3A excluded by S.I. 2008/1261 art. 6(2)
- Sch. 3A excluded by S.I. 2009/1300 art. 4(3)
- Sch. 3A excluded by S.I. 2009/2364 art. 3(3)
- Sch. 3A para. 3(4) excluded by S.I. 2008/101 reg. 12(8)
- Sch. 3A para. 5(1) excluded by S.I. 2008/101 reg. 12(10)
- Sch. 3A inserted by 2004 c. 18 Sch. 4
- Sch. 3A modified by S.I. 2007/3372 reg. 37(9)
- Sch. 3A modified by S.I. 2009/3188 Sch. para. 3.12
- Sch. 3A modified by S.I. 2009/1267 reg. 37(9)
- Sch. 3A para. 2(1)(d) restricted by 2008 c. 18 Sch. 14 para. 14(11)
- Sch. 3A para. 3 restricted by 2008 c. 18 Sch. 14 para. 14(12)
- Sch. 4A excluded by S.I. 2007/1952 reg. 3
- Sch. 4A excluded by S.I. 2008/102 reg. 3
- Sch. 4A inserted by 2004 c. 18 Sch. 2
- Sch. 4B inserted by 2004 c. 18 Sch. 3
- Sch. 4B power to apply conferred by 2004 c. 18 s. 37(6)
- Sch. 4B para. 4(2) substituted by S.I. 2007/1952 reg. 8(2)
- Sch. 4B para. 5(1) substituted by S.I. 2007/1952 reg. 8(3)
- Sch. 4B para. 4(2) text amended by S.I. 2008/102 reg. 8(2)
- Sch. 4B para. 5(1) text amended by S.I. 2008/102 reg. 8(3)
- Sch. 6A inserted by 2005 asp 12 Sch. 4
- Sch. 6B inserted by 2005 asp 12 Sch. 5
- Sch. 6B restricted by S.S.I. 2008/244 reg. 3
- Sch. 6B para. 4(2) text amended by S.S.I. 2008/244 reg. 8(a)
- Sch. 6B para. 5(1) text amended by S.S.I. 2008/244 reg. 8(b)
Commencement Orders yet to be applied to the New Roads and Street Works Act 1991:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1780 art. 2 commences (1991 c. 22)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/2380 art. 2 commences (2004 c. 18)
- S.I. 2004/3110 art. 2 commences (2004 c. 18)
- S.I. 2007/1890 art. 2 Sch. commences (2004 c. 18)
- S.I. 2007/3174 art. 2 Sch. commences (2004 c. 18)
- S.I. 2007/3184 art. 2 3 commences (2004 c. 18)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/101 art. 2-5 commences (2008 c. 29)
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2007/409 art. 2 commences (2005 asp 12)
- S.S.I. 2007/516 art. 2 commences (2007 asp 8)
- S.S.I. 2008/15 art. 2 commences (2005 asp 12)
- S.S.I. 2008/90 art. 2 commences (2005 asp 12)
- S.S.I. 2011/38 art. 2 Sch. commences (2011 asp 2)
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.
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