New Roads and Street Works Act 1991

1991 CHAPTER 22

An Act to amend the law relating to roads so as to enable new roads to be provided by new means; to make new provision with respect to street works and, in Scotland, road works; and for connected purposes.

[27th June 1991]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Extent Information

E1 Act except specified provisions does not extend to Northern Ireland see s. 169(3).

Modifications etc. (not altering text)

C1 Certain functions of the Act made exercisable by, or by employees of, such person (if any) as may be authorised by the Secretary of State for Transport (E.W.) (25.7.1995) by S.I. 1995/1986 art. 2, Sch. 2

Act (except s. 167(3)): transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

C2 Act: extended (E.W.S.) (30.4.1999) by S.I. 1999/1306, art. 27(5)(b)

C3 Act excluded (E.W.S.) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 10(6) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C4 Act applied (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 3(2) (with arts. 19, 28, Sch. 3 para. 13(2))

C5 Act: functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), arts. 1, 3, Sch. 2

C6 Act applied in part (E.W.) (1.3.2013) by The Traffic Management (Royal Borough of Kingston upon Thames) Permit Scheme Order 2012 (S.I. 2012/3104), arts. 1, 2, Sch., Appendix B2

C7 Act: functions made exercisable as specified (E.) (1.4.2015) by The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 (S.I. 2015/378), regs. 1(1), 3, Sch. 2 para. 1

C8 Act applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 10(2)(j) (with arts. 37, 38)

C9 Pt. 3 modified (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 4(1) (with art. 32(2))

C10 Act applied (with modifications) (E.W.) (22.7.2020) by The Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706), arts. 1, 14(2)(h) (with arts. 41, 42, Sch. 16 para. 66)

C11 Act applied (with modifications) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 9(2)(h) (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C12 Act applied (with modifications) (E.W.S.) (22.4.2022) by The East Anglia ONE North Offshore Wind Farm Order 2022 (S.I. 2022/432), arts. 1(2), 9(1)(2)(h) (with arts. 40, 41)

C13 Act applied in part (with modifications) (E.W.S.) (22.4.2022) by The East Anglia TWO Offshore Wind Farm Order 2022 (S.I. 2022/433), arts. 1(2), 9(1)(2)(h) (with arts. 40, 41)

Part I U.K. New Roads in England and Wales

Concession agreements E+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 M1 Highways 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 M2 Highways 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.

Marginal Citations

M1 1980 c. 66.

M2 1980 c. 66.

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 M3 Road 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.

Modifications etc. (not altering text)

C14 S. 2 applied (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 45 (with art. 51, Sch. 10 paras. 68, 85)

Marginal Citations

M3 1984 c. 27.

3 Provisions as to traffic regulation. E+W

(1) The following provisions have effect with respect to the operation of the M4 Road 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.

Marginal Citations

M4 1984 c. 27.

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 orders E+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.

[F1 (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).]

(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 [F2 a strategic highways company or] a local highway authority shall be made by [F3 the company or] 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 M5 Highways 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.

Textual Amendments

F1 S. 6(1A) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 49 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F2 Words in s. 6(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 114(a); S.I. 2015/481, reg. 2(a)

F3 Words in s. 6(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 114(b); S.I. 2015/481, reg. 2(a)

Marginal Citations

M5 1980 c. 66.

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) [F4 For the purposes of the Enterprise Act 2002, 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.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Words in s. 10(1) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 18(2)(a)

F5 S. 10(2) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 18(2)(b)

F6 S. 10(1)(b)(c)(3) repealed (1.3.2000) by S.I. 2000/311, art. 27

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 [F7 a strategic highways company or] a local highway authority shall be made by [F8 that company or] 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 [F9 a strategic highways company or] 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.

Textual Amendments

F7 Words in s. 12(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 115(2)(a); S.I. 2015/481, reg. 2(a)

F8 Words in s. 12(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 115(2)(b); S.I. 2015/481, reg. 2(a)

F9 Words in s. 12(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 115(3); S.I. 2015/481, reg. 2(a)

Further provisions with respect to tolls E+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;

[F10 (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.

Textual Amendments

F10 S. 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 M6 Highways 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.

Marginal Citations

M6 1980 c. 66.

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 Report E+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.

Miscellaneous E+W

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

In section 105A of the M7 Highways 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.”.

Marginal Citations

M7 1980 c. 66.

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 M8 Highways 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 ”.

Marginal Citations

M8 1980 c. 66.

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 M9 Highways 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 ”.

Marginal Citations

M9 1980 c. 66.

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 M10 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.”.

Marginal Citations

M10 1975 C. 76

24 Exercise of road traffic regulation powers. E+W

In Part X of the M11 Road 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.”.

Marginal Citations

M11 1984 c. 27.

General E+W

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

(1) The following provisions of the M12 Highways 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.

Marginal Citations

M12 1980 c. 66.

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.

[F11 (1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.]

(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 agreement	section 1(1)
concessionaire	sections 1(1) and 5(1)
extension toll order	section 12(1)
highway authority	section 26(1) and (2)
local highway authority	section 26(1)
road subject to a concession	section 1(2)
special road	section 26(1)
special road authority	section 26(1)
special road scheme	section 26(1)
[F12 strategic highways company]	[F13 section 26(1)]
toll order	section 6
toll period	section 7
traffic	section 26(1).

Textual Amendments

F11 S. 26(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 116(2); S.I. 2015/481, reg. 2(a)

F12 Words in s. 26(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 116(3)(a); S.I. 2015/481, reg. 2(a)

F13 Words in s. 26(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 116(3)(b); S.I. 2015/481, reg. 2(a)

Commencement Information

I1 S. 26 wholly in force at 01.11.1991, see s. 170 and S.I. 1991/2288, art.3, Sch.

Part II U.K. New Roads in Scotland

Toll Roads S

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 [F14 and paragraphs 15 and 18 of Part III] of Schedule 1 to the M13 Roads (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.

[F15 (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.

Textual Amendments

F14 Words in s. 27(3) substituted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 2 para. 4; S.S.I. 2007/516, art. 2

F15 S. 27(9A) inserted (S.) (4.1.1995) by 1994 c. 39, s. 148(2) (with s. 128(8)); S.I. 1994/2850, art. 3(a), Sch. 2

Marginal Citations

M13 1984 c. 54.

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 M14 Roads (Scotland) Act 1984 (procedure in connection with orders) shall not apply to an order under this section.

Marginal Citations

M14 1984 c. 54.

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) [F16 For the purposes of the Enterprise Act 2002, 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.

F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Words in s. 33(1) substituted (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 18(3)(a)

F17 S. 33(2) repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 18(3)(b)

F18 S. 33(1)(b)(c)(3) repealed (1.3.2000) by S.I. 2000/311, art. 27

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 M15 Roads (Scotland) Act 1984 (procedure in connection with orders) shall not apply to an order under this section.

Marginal Citations

M15 1984 c. 54.

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 M16 Transfer 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.

Marginal Citations

M16 S.I. 1981/1794.

Further provision with respect to tolls S

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;

[F19 (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.

Textual Amendments

F19 S. 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 M17 Roads (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.

Marginal Citations

M17 1984 c. 54.

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.

Report S

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 provisions S

42 Environmental assessment of projects involving special roads. S

(1) In section 20A of the M18 Roads (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 ”.

Marginal Citations

M18 1984 c. 54.

43 Provisions as to traffic regulation. S

(1) The following provisions have effect with respect to the operation of the M19 Road 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.

Marginal Citations

M19 1984 c. 27.

44 Exercise of road traffic regulation powers. S

In Part X of the M20 Road 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.”.

Marginal Citations

M20 1984 c. 27.

45 Classification of traffic for purposes of special roads. S

In section 8 of the M21 Roads (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.”.

Marginal Citations

M21 1984 c. 54.

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 M22 Roads (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 M23 Roads (Scotland) Act 1984.

Marginal Citations

M22 1984 c. 54.

M23 1984 c. 54.

Part III U.K. Street works in England and Wales

Modifications etc. (not altering text)

C15 Pt. 3 (ss. 48-106) modified (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), arts. 3(1)(2) (with art. 38);

Pt. 3 (ss. 48-106) modified (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 3(1)

C16 Pt. 3 (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. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C17 Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C18 Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C19 Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C20 Pt. 3 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. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C21 Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C22 Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C23 Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C24 Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C25 Pt. 3 modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 3(1)

C26 Pt. 3 modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(1)(2) (with arts. 65, 66)

C27 Pt. 3 modified (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 3(1)(2) (with art. 51)

C28 Pt. 3 modified (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 3(1)(2) (with art. 47)

C29 Pt. 3 applied (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 3(1)

C30 Pt. 3 modified (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(7) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C31 Pt. 3 restricted (8.10.2005) by The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), arts. 1, 10(3)

C32 Pt. 3 modified (8.10.2005) by The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), arts. 1, 9(1)

C33 Pt. 3 modified (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 3(1) (with arts. 3(5), 15(3))

C34 Pt. 3 applied (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(1) (with art. 52)

C35 Pt. 3 modified (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 3(1)(2) (with art. 43)

C36 Pt. 3 modified (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 3

C37 Pt. 3 modified (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 3(1) (with arts. 19, 28, Sch. 3 para. 13(2))

C38 Pt. 3 modified (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 6(6) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C39 Pt. 3 modified (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 6(1) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C40 Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C41 Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C42 Pt. 3 modified (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 4(1) (with art. 36(3))

C43 Pt. 3 modified (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 4(1)(2) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)

C44 Pt. 3 modified (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 1, 3(1)(2)

C45 Pt. 3 modified (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 3(1) (with art. 51, Sch. 10 paras. 68, 85)

C46 Pt. 3 modified (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 4(1)

C47 Pt. 3 modified (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 4(1) (with art. 42(2))

C48 Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)

C49 Pt. 3 modified (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 3(1)

C50 Pt. 3 modified (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 4(1)(2) (with arts. 42, 43)

C51 Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C52 Pt. 3 modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 9(1)

C53 Pt. 3 applied (with modifications) (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(9) (with arts. 57, 58, Sch. 11 para. 19)

C54 Pt. 3 modified (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(1)(2) (with arts. 57, 58, Sch. 11 para. 19)

C55 Pt. 3 modified (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 13(1)

C56 Pt. 3 restricted (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), art. 1, Sch. 12 Pt. 2 para. 3 (with arts. 12, 13, Sch. 12 Pt. 1 paras. 6(3), 19, Pt. 2 paras. 3, 6, 13, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4)

C57 Pt. 3 modified (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 8(1)(2)

C58 Pt. 3 modified (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 10(5), 11(4)

C59 Pt. 3 modified (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 8(1)(2)

C60 Pt. 3 modified (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 3(2) (with Sch. 8 para. 45)

C61 Pt. 3 modified (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 4(1) (with art. 36(2))

C62 Pt. 3 modified (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 4(1)(2)

C63 Pt. 3 modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 11(1) (with art. 32)

C64 Pt. 3 modified (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 8(2) (with art. 37)

C65 Pt. 3 modified (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 10(1)(2) (with arts. 4, 5(3))

C66 Pt. 3 applied (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 3(1) (with art. 39)

C67 Pt. 3 modified (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 3(2) (with art. 39)

C68 Pt. 3 applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 5(1)(2) (with arts. 46, 47, Sch. 8 para. 2(7), Sch. 9 para. 4, Sch. 10 para. 12(2))

C69 Pt. 3 modified (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 9(2)

C70 Pt. 3 modified (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 4(1)(2) (with arts. 43, 44)

C71 Pt. 3 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 4 para. 8(1) (with Sch. 4 para. 8(2))

C72 Pt. 3 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 33 para. 1(3)

C73 Pt. 3 modified (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 12(1) (with art. 31)

C74 Pt. 3 applied (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 9(1) (with art. 22)

C75 Pt. 3 modified (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 3(2) (with Sch. 8 para. 20)

C76 Pt. 3 modified (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 11(1)(2) (with arts. 4, 37)

C77 Pt. 3 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C78 Pt. 3 modified (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C79 Pt. 3 applied (with modifications) (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 5(1)(2) (with arts. 58, 59)

C80 Pt. 3 applied (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 4(1) (with arts. 24(8), 33(2))

C81 Pt. 3 modified (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 7(2)

C82 Pt. 3 modified (24.8.2018) by The Network Rail (Werrington Grade Separation) Order 2018 (S.I. 2018/923), arts. 1, 4(1) (with art. 31(2))

C83 Pt. 3 modified (3.10.2018) by The A19/A184 Testo's Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 9(1)(2) (with arts. 3(3), 5)

C84 Pt. 3 modified (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(1)(2)(8) (with arts. 55, 56)

C85 Pt. 3 modified (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), arts. 1, 4(1) (with art. 37(2))

C86 Pt. 3 applied (with modifications) (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 12(1)(2) (with art. 3(1))

C87 Pt. 3 applied (with modifications) (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), arts. 1, 5(1)(2) (with arts. 47, 48, Sch. 10 para. 19)

C88 Pt. 3 modified (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 9(2) (with arts. 5, 44)

C89 Pt. 3 modified (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 13(1)(2) (with art. 37)

C90 Pt. 3 modified (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 9(1)(2) (with arts. 5, 44)

C91 Pt. 3 modified (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 9(1)(2) (with art. 5)

C92 Pt. 3 modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 11(1)(2)

C93 Pt. 3 modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 12(1)(2) (with art. 32, Sch. 9 para. 36)

C94 Pt. 3 applied (31.12.2020) by The Network Rail (Cambridgeshire Level Crossing Reduction) Order 2020 (S.I. 2020/1485), arts. 1, 3(1)

C95 Pt. 3 modified (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 10(1)(2) (with art. 5, Sch. 27 para. 36)

C96 Pt. 3 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 32 para. 1(3) (with Sch. 32 para. 1(1))

C97 Pt. 3 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 4 paras. 10(1), 14(3) (with Sch. 4 para. 10(2))

C98 Pt. 3 applied (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), arts. 1, 10(3) (with Sch. 8 para. 48)

C99 Pt. 3 modified (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(1)(2) (with art. 55)

C100 Pt. 3 modified (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), arts. 1, 9(2)

C101 Pt. 3 modified (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 11(1)(2) (with arts. 6, 34)

C102 Pt. 3 modified (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(1)(2) (with arts. 5, 36) (as amended (7.2.2024) by S.I. 2024/129, art. 1, Sch.)

C103 Pt. 3 modified (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 15(1) (with arts. 62, 76, 87)

Pt. 3 modified (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 10(1)(2) (with arts. 4, 53)

C104 Pt. 3 modified (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 11(2)

C105 Pt. 3 modified (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I. 2022/922), arts. 1, 10(2) (with arts. 5, 40)

C106 Pt. 3 modified (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 4(1)

C107 Pt. 3 modified (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 11(1)(2) (with arts. 4, 52, Sch. 9 para. 82)

C108 Pt. 3 modified (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 12(1)(2) (with art. 51)

C109 Pt. 3 modified (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 11(1)(2) (with art. 5)

C110 Pt. 3 modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 12(1)(2) (with art. 4)

C111 Pt. 3 modified (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 4(1) (with art. 34(2), Sch. 12 paras. 5, 47, 79)

C112 Pt. 3 modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 11(1)(2) (with arts. 4, 50)

C113 Pt. 3 modified (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 11(2) (with arts. 5, 53, Sch. 8 paras. 6, 64)

C114 Pt. 3 modified (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 8(1)(2) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)

C115 Pt. 3 modified (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 12(1)(2) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))

C116 Pt. 3 modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 12(1)(2) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)

C117 Pt. 3 modified (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 8(2) (with arts. 18, 35, Sch. 9)

C118 Pt. 3 modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 12(2) (with art. 44, Sch. 15)

C119 Pt. 3 modified (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 11(2) (with art. 6, Sch. 10)

C120 Pt. 3 modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 13(2) (with art. 40, Sch. 14)

Introductory provisions E+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).

[F20 (3A) For the purposes of subsection (3), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—

(a) reinstatement of the street, and

(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.]

(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.

Textual Amendments

F20 S. 48(3A) inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 124(2), 134(2)

Modifications etc. (not altering text)

C121 S. 48(3) modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 10(2)

C122 S. 48(3) modified (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 9(2)

C123 S. 48(3) modified (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 15(2) (with arts. 7(6), 12, 13, Sch. 12 Pt. 1 para. 19, Pt. 2 para. 6, Pt. 3 para. 5, Pt. 4 para. 4, Pt. 5 para. 4)

C124 S. 48(3) modified (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 15(2) (with arts. 30(4), 53)

C125 S. 48(3) applied (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 10(2)

C126 S. 48(3) modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 10(2)(3) (with art. 32)

C127 S. 48(3) modified (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(2) (with art. 39)

C128 S. 48(3) modified (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 10(2) (with art. 31)

C129 S. 48(3) modified (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 8(2) (with arts. 6, 42)

C130 S. 48(3) modified (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 9(2)

C131 S. 48(3) modified (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 12(2) (with art. 37)

C132 S. 48(3) modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 10(2)

C133 S. 48(3) modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 11(5) (with art. 32, Sch. 9 para. 36)

C134 S. 48(3) modified (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), arts. 1, 10(2) (with Sch. 8 para. 48)

C135 S. 48(3) modified (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 15(2) (with arts. 4, 50)

C136 S. 48(3) modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 11(2) (with art. 4)

C137 S. 48(3) modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 9(2) (with art. 32, Sch. 10 paras. 26(2), 68)

C138 S. 48(3) modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 15(2) (with arts. 4, 50)

C139 S. 48(3) modified (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 8(2)

C140 S. 48(3) modified (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 10(2) (with arts. 5, 53, Sch. 8 paras. 6, 64)

C141 S. 48(3) modified (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 8(2) (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)

C142 S. 48(3) modified (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 11(2) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))

C143 S. 48(3) modified (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 9(2) (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)

C144 S. 48(3) modified (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 9(2) (with art. 43, Sch. 12 paras. 5, 24)

C145 S. 48(3) modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 17(2) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)

C146 S. 48(3) modified (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 11(2) (with arts. 42, 43, Sch. 12 paras. 5, 51, 91, 129, 136, 234, 345, 356)

C147 S. 48(3) modified (13.3.2024) by The Medworth Energy from Waste Combined Heat and Poer Facility Order 2024 (S.I. 2024/230), arts. 1, 10 (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)

C148 S. 48(3) modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 11(4) (with art. 44, Sch. 15)

C149 S. 48(3) modified (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 10(2) (with arts. 21, 41, Sch. 10)

C150 S. 48(3) modified (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 8(2) (with arts. 35, 36, Sch. 14)

C151 S. 48(3) modified (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 13(2) (with art. 6, Sch. 10)

C152 S. 48(3) modified (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 8(2) (with Sch. 15)

C153 S. 48(3) modified (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), arts. 1, 8(2) (with art. 44, Sch. 12)

C154 S. 48(3) modified (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 8(2) (with art. 45, Sch. 14)

C155 S. 48(3) modified (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), arts. 1, 8(2) (with art. 48, Sch. 15)

C156 S. 48(3) modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 11(6) (with art. 40, Sch. 14)

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 [F21 or a strategic highways company] is the highway authority but in relation to which a local highway authority acts as his [F22 or its] agent under section 6 of the M24 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.

Textual Amendments

F21 Words in s. 49(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 117(a); S.I. 2015/481, reg. 2(a)

F22 Words in s. 49(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 117(b); S.I. 2015/481, reg. 2(a)

Marginal Citations

M24 1980 c. 66.

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).

[F23 (1A) For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection include—

(a) reinstatement of the street, and

(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.]

(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 M25 Highways Act 1980 or any corresponding earlier enactment.

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

Textual Amendments

F23 S. 50(1A) inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 124(3), 134(2)

Modifications etc. (not altering text)

C157 S. 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

M25 1980 c. 66.

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 [F24 level 5] 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.

Textual Amendments

F24 Words in s. 51(2) substituted (4.10.2004 for E., 26.11.2007 for W.) by Traffic Management Act 2004 (c. 18), ss. 40(1)(2), 99(1), Sch. 1; S.I. 2004/2380, art. 2(d)(i) (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 4)

Modifications etc. (not altering text)

C158 S. 51 modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 11(5) (with art. 32, Sch. 9 para. 36)

C159 S. 51(1) modified (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 10(2)

C160 S. 51(1) modified (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 9(2)

C161 S. 51(1) modified (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 15(2) (with arts. 30(4), 53)

C162 S. 51(1) modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 10(2)(3) (with art. 32)

C163 S. 51(1) modified (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(2) (with art. 39)

C164 S. 51(1) modified (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 10(2) (with art. 31)

C165 S. 51(1) modified (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 8(2) (with arts. 6, 42)

C166 S. 51(1) modified (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 9(2)

C167 S. 51(1) modified (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 10(2)

C168 S. 51(1) modified (2.12.2021) by The South Humber Bank Energy Centre Order 2021 (S.I. 2021/1259), arts. 1, 10(2) (with Sch. 8 para. 48)

C169 S. 51(1) modified (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 15(2) (with arts. 4, 50)

C170 S. 51(1) modified (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 11(2) (with art. 4)

C171 S. 51(1) modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 9(2) (with art. 32, Sch. 10 paras. 26(2), 68)

C172 S. 51(1) modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 15(2) (with arts. 4, 50)

C173 S. 51(1) modified (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 8(2)

C174 S. 51(1) modified (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 10(2) (with arts. 5, 53, Sch. 8 paras. 6, 64)

C175 S. 51(1) modified (3.8.2023) by The Hornsea Four Offshore Wind Farm Order 2023 (S.I. 2023/800), arts. 1, 8(2) (with arts. 42, 43, Sch. 9 Pt. 1 para. 4, Sch. 9 Pt. 3 para. 6(1), Sch. 9 Pt. 4 para. 20, Sch. 9 Pt. 9 para. 4)

C176 S. 51(1) modified (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 11(2) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))

C177 S. 51(1) modified (11.10.2023) by The Awel y Môr Offshore Wind Farm Order 2023 (S.I. 2023/1033), arts. 1, 9(2) (with arts. 36, 37, Sch. 9 paras. 14, 44(1), 76, 103)

C178 S. 51(1) modified (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 9(2) (with art. 43, Sch. 12 paras. 5, 24)

C179 S. 51(1) modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 17(2) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)

C180 S. 51(1) modified (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 11(2) (with arts. 42, 43, Sch. 12 paras. 5, 51, 91, 129, 136, 234, 345, 356)

C181 S. 51(1) modified (13.3.2024) by The Medworth Energy from Waste Combined Heat and Power Facility Order 2024 (S.I. 2024/230), arts. 1, 10 (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)

C182 S. 51(1) modified (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 11(4) (with art. 44, Sch. 15)

C183 S. 51(1) modified (11.4.2024) by The HyNet Carbon Dioxide Pipeline Order 2024 (S.I. 2024/436), arts. 1(2), 10(2) (with arts. 21, 41, Sch. 10)

C184 S. 51(1) modified (9.5.2024) by The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024 (S.I. 2024/564), arts. 1, 8(2) (with arts. 35, 36, Sch. 14)

C185 S. 51(1) modified (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 13(2) (with art. 6, Sch. 10)

C186 S. 51(1) modified (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807), arts. 1, 8(2) (with art. 45, Sch. 14)

C187 S. 51(1) modified (3.8.2024) by The Sunnica Energy Farm Order 2024 (S.I. 2024/802), arts. 1, 8(2) (with art. 44, Sch. 12)

C188 S. 51(1) modified (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 8(2) (with Sch. 15)

C189 S. 51(1) modified (27.9.2024) by The Cottam Solar Project Order 2024 (S.I. 2024/943), arts. 1, 8(2) (with art. 48, Sch. 15)

C190 S. 51(1) modified (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 11(6) (with art. 40, Sch. 14)

F25 52 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.

Textual Amendments

F25 Definition in s. 52 extended (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 78(5), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Modifications etc. (not altering text)

C191 S. 52 excluded (27.11.1992) by S.I. 1992/2984, art. 5

The street works register E+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.

[F26 (4A) In subsection (4) “central register” means a register covering the areas of two or more street authorities.]

(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.

[F27 (5A) In particular the Secretary of State may require a street authority to share information in their possession with a person appointed to keep a central register which discharges the duties of that authority under this section.]

(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.

Textual Amendments

F26 S. 53(4A) inserted (29.6.2020 for E.) by Traffic Management Act 2004 (c. 18), ss. 45(3), 99(1); S.I. 2020/659, art. 2

F27 S. 53(5A) inserted (29.6.2020 for E.) by Traffic Management Act 2004 (c. 18), ss. 45(4), 99(1); S.I. 2020/659, art. 2

Modifications etc. (not altering text)

C192 S. 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)

C193 S. 53 excluded (E.) (1.4.2008) by The Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372), regs. 1(1), 36(a) (with reg. 35)

C194 S. 53 modified (W.) (1.4.2008) by The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008 (S.I. 2008/101), regs. 1, 13 (with reg. 19)

C195 S. 53 modified (E.) (1.4.2008) by The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 (S.I. 2007/1951), regs. 1(1), 13(2)(a) (with reg. 19)

C196 S. 53 disapplied (W.) (1.6.2009) by The Traffic Management Permit Scheme (Wales) Regulations 2009 (S.I. 2009/1267), regs. 1, 36(a)

C197 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Barnet) Permit Scheme Order 2009 (S.I. 2009/3141), art. 1, Sch. Appendix B

C198 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Enfield) Permit Scheme Order 2009 (S.I. 2009/3165), art. 1, Sch. Appendix B

C199 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Lewisham) Permit Scheme Order 2009 (S.I. 2009/3171), art. 1, Sch. Appendix B

C200 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Hammersmith and Fulham) Permit Scheme Order 2009 (S.I. 2009/3168), art. 1, Sch. Appendix B

C201 S. 53 disapplied (11.1.2010) by The Traffic Management (Royal Borough of Kensington and Chelsea) Permit Scheme Order 2009 (S.I. 2009/3170), art. 1, Sch. Appendix B

C202 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Croydon) Permit Scheme Order 2009 (S.I. 2009/3158), art. 1, Sch. Appendix B

C203 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Islington) Permit Scheme Order 2009 (S.I. 2009/3180), art. 1, Sch. Appendix B

C204 S. 53 disapplied (11.1.2010) by The Traffic Management (Transport for London) Permit Scheme Order 2009 (S.I. 2009/3186), art. 1, Sch. Appendix B

C205 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Haringey) Permit Scheme Order 2009 (S.I. 2009/3169), art. 1, Sch. Appendix B

C206 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Hackney) Permit Scheme Order 2009 (S.I. 2009/3167), art. 1, Sch. Appendix B

C207 S. 53 disapplied (11.1.2010) by The Traffic Management (City of London Corporation) Permit Scheme Order 2009 (S.I. 2009/3162), art. 1, Sch. Appendix B

C208 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Wandsworth) Permit Scheme Order 2009 (S.I. 2009/3189), art. 1, Sch. Appendix B

C209 S. 53 disapplied (11.1.2010) by The Traffic Management (City of Westminster) Permit Scheme Order 2009 (S.I. 2009/3187), art. 1, Sch. Appendix B

C210 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Camden) Permit Scheme Order 2009 (S.I. 2009/3149), art. 1, Sch. Appendix B

C211 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Redbridge) Permit Scheme Order 2009 (S.I. 2009/3179), art. 1, Sch. Appendix B

C212 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Hounslow) Permit Scheme Order 2009 (S.I. 2009/3178), art. 1, Sch. Appendix B

C213 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Bromley) Permit Scheme Order 2009 (S.I. 2009/3148), art. 1, Sch. Appendix B

C214 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Ealing) Permit Scheme Order 2009 (S.I. 2009/3163), art. 1, Sch. Appendix B

C215 S. 53 disapplied (11.1.2010) by The Traffic Management (London Borough of Brent) Permit Scheme Order 2009 (S.I. 2009/3142), art. 1, Sch. Appendix B

C216 S. 53 disapplied (25.1.2010) by The Traffic Management (Kent County Council) Permit Scheme Order 2009 (S.I. 2009/3188), art. 1, Sch. Appendix B

C217 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Harrow) Permit Scheme Order 2011 (S.I. 2011/1961), art. 1, Sch. Appendix B

C218 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Greenwich) Permit Scheme Order 2011 (S.I. 2011/1956), art. 1, Sch. Appendix B

C219 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Lambeth) Permit Scheme Order 2011 (S.I. 2011/1958), art. 1, Sch. Appendix B

C220 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Waltham Forest) Permit Scheme Order 2011 (S.I. 2011/1959), art. 1, Sch. Appendix B

C221 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Richmond upon Thames) Permit Scheme Order 2011 (S.I. 2011/1960), art. 1, Sch. Appendix B

C222 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Southwark) Permit Scheme Order 2011 (S.I. 2011/1957), art. 1, Sch. Appendix B

C223 S. 53 disapplied (5.9.2011) by The Traffic Management (London Borough of Newham) Permit Scheme Order 2011 (S.I. 2011/1962), art. 1, Sch. Appendix B

C224 S. 53 disapplied (28.11.2011) by The Traffic Management (London Borough of Hillingdon) Permit Scheme Order 2011 (S.I. 2011/2600), art. 1, Sch. Appendix B

C225 S. 53 disapplied (28.11.2011) by The Traffic Management (London Borough of Barking and Dagenham) Permit Scheme Order 2011 (S.I. 2011/2599), art. 1, Sch., Appendix B

C226 S. 53 disapplied (12.6.2012) by The Traffic Management (Rotherham Borough Council) Permit Scheme Order 2012 (S.I. 2012/1284), arts. 1, 2, Sch., Appendix D

C227 S. 53 disapplied (12.6.2012) by The Traffic Management (Leeds City Council) Permit Scheme Order 2012 (S.I. 2012/1295), arts. 1, 2, Sch., Appendix D

C228 S. 53 disapplied (12.6.2012) by The Traffic Management (Sheffield City Council) Permit Scheme Order 2012 (S.I. 2012/1294), arts. 1, 2, Sch., Appendix D

C229 S. 53 disapplied (12.6.2012) by The Traffic Management (Doncaster Borough Council) Permit Scheme Order 2012 (S.I. 2012/1282), arts. 1, 2, Sch., Appendix D

C230 S. 53 disapplied (12.6.2012) by The Traffic Management (Barnsley Metropolitan Borough Council) Permit Scheme Order 2012 (S.I. 2012/1289), arts. 1, 2, Sch., Appendix D

C231 S. 53 disapplied (12.6.2012) by The Traffic Management (The Council of the Borough of Kirklees) Permit Scheme Order 2012 (S.I. 2012/1286), arts. 1, 2, Sch., Appendix D

C232 S. 53 disapplied (5.11.2012) by The Traffic Management (Luton Borough Council) Permit Scheme Order 2012 (S.I. 2012/2547), arts. 1, 2, Sch., Appendix B

C233 S. 53 disapplied (5.11.2012) by The Traffic Management (Hertfordshire County Council) Permit Scheme Order 2012 (S.I. 2012/2549), arts. 1, 2, Sch. Appendix C

C234 S. 53 disapplied (5.11.2012) by The Traffic Management (Southend-On-Sea Borough Council) Permit Scheme Order 2012 (S.I. 2012/2548), arts. 1, 2, Sch. Appendix C

C235 S. 53 disapplied (5.11.2012) by The Traffic Management (Bedford Borough Council) Permit Scheme Order 2012 (S.I. 2012/2541), arts. 1, 2, Sch. Appendix B

C236 S. 53 disapplied (14.1.2013) by The Traffic Management (London Borough of Sutton) Permit Scheme Order 2012 (S.I. 2012/3106), arts. 1, 2, Sch. Appendix B

C237 S. 53 disapplied (14.1.2013) by The Traffic Management (London Borough of Tower Hamlets) Permit Scheme Order 2012 (S.I. 2012/3107), arts. 1, 2, Sch. Appendix B

C238 S. 53 disapplied (18.2.2013) by The Traffic Management (London Borough of Bexley) Permit Scheme Order 2012 (S.I. 2012/3102), arts. 1, 2, Sch. Appendix B

C239 S. 53 disapplied (1.3.2013) by The Traffic Management (Royal Borough of Kingston upon Thames) Permit Scheme Order 2012 (S.I. 2012/3104), arts. 1, 2, Sch. Appendix B1

C240 S. 53 disapplied (29.4.2013) by The Traffic Management (Wigan Borough Council) Permit Scheme Order 2013 (S.I. 2013/812), arts. 1, 2, Sch. Appendix C

C241 S. 53 disapplied (29.4.2013) by The Traffic Management (Salford City Council) Permit Scheme Order 2013 (S.I. 2013/810), arts. 1, 2, Sch. Appendix C

C242 S. 53 disapplied (29.4.2013) by The Traffic Management (Rochdale Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/809), arts. 1, 2, Sch. Appendix C

C243 S. 53 disapplied (29.4.2013) by The Traffic Management (The Metropolitan Borough Council of Stockport) Permit Scheme Order 2013 (S.I. 2013/805), arts. 1, 2, Sch. Appendix C

C244 S. 53 disapplied (29.4.2013) by The Traffic Management (Bury Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/814), arts. 1, 2, Sch. Appendix C

C245 S. 53 disapplied (29.4.2013) by The Traffic Management (Oldham Borough Council) Permit Scheme Order 2013 (S.I. 2013/808), arts. 1, 2, Sch. Appendix C

C246 S. 53 disapplied (29.4.2013) by The Traffic Management (The Borough Council of Bolton) Permit Scheme Order 2013 (S.I. 2013/813), arts. 1, 2, Sch. Appendix C

C247 S. 53 disapplied (29.4.2013) by The Traffic Management (Trafford Borough Council) Permit Scheme Order 2013 (S.I. 2013/807), arts. 1, 2, Sch. Appendix C

C248 S. 53 disapplied (29.4.2013) by The Traffic Management (The Council of the City of Manchester) Permit Scheme Order 2013 (S.I. 2013/811), arts. 1, 2, Sch. Appendix C

C249 S. 53 disapplied (29.4.2013) by The Traffic Management (Tameside Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/806), arts. 1, 2, Sch. Appendix C

C250 S. 53 disapplied (1.10.2013) by The Traffic Management (Derby City Council) Permit Scheme Order 2013 (S.I. 2013/1781), arts. 1, 2, Sch. para. 2.4

C251 S. 53 disapplied (4.11.2013) by The Traffic Management (Buckinghamshire County Council) Permit Scheme Order 2013 (S.I. 2013/2398), art. 1, Sch. para. 1.5, Appendix A

C252 S. 53 disapplied (11.11.2013) by The Traffic Management (East Sussex County Council) Permit Scheme Order 2013 (S.I. 2013/2399), arts. 1, 2, Sch. para. 2.12.2

C253 S. 53 disapplied (11.11.2013) by The Traffic Management (Surrey County Council) Permit Scheme Order 2013 (S.I. 2013/2389), arts. 1, 2, Sch. para. 2.12.2

C254 S. 53 disapplied (1.4.2014) by The Traffic Management (Shropshire Council) Permit Scheme Order 2014 (S.I. 2014/466), arts. 1, 2, Sch., Appendix B

C255 S. 53 disapplied (6.5.2014) by The Traffic Management (Norfolk County Council) Permit Scheme Order 2014 (S.I. 2014/941), arts. 1, 2, Sch. Appendix B

C256 S. 53 disapplied (3.11.2014) by The Traffic Management (Cheshire East Borough Council) Permit Scheme Order 2014 (S.I. 2014/2460), art. 1, Sch. Appendix B

C257 S. 53 disapplied (19.1.2015) by The Traffic Management (Wokingham Borough Council) Permit Scheme Order 2014 (S.I. 2014/3105), arts. 1, 2, Sch. para. 2.12.2

C258 S. 53 disapplied (2.2.2015) by The Traffic Management (Cheshire West and Chester Borough Council) Permit Scheme Order 2014 (S.I. 2014/3106), arts. 1, 2, Sch. para. 1.8

C259 S. 53 disapplied (2.2.2015) by The Traffic Management (Warrington Borough Council) Permit Scheme Order 2014 (S.I. 2014/3108), arts. 1, 2, Sch. para. 1.8

C260 S. 53 disapplied (2.2.2015) by The Traffic Management (Sefton Metropolitan Borough Council) Permit Scheme Order 2014 (S.I. 2014/3107), arts. 1, 2, Sch. para. 1.9

C261 S. 53 disapplied (9.2.2015) by The Traffic Management (North Tyneside Council) Permit Scheme Order 2014 (S.I. 2014/3109), arts. 1, 2, Sch. para. 1.5, Appendix E

C262 S. 53 disapplied (1.3.2015) by The Traffic Management (West Berkshire Council) Permit Scheme Order 2014 (S.I. 2014/3110), arts. 1, 2, Sch. para. 2.12.2

C263 S. 53 disapplied (2.3.2015) by The Traffic Management (Knowsley Metropolitan Borough Council) Permit Scheme Order 2015 (S.I. 2015/34), arts. 1, 2, Sch. para. 1.8

C264 S. 53 disapplied (4.3.2015) by The Traffic Management (Slough Borough Council) Permit Scheme Order 2014 (S.I. 2014/3112), arts. 1, 2, Sch. para. 2.12.2

C265 S. 53 disapplied (9.3.2015) by The Traffic Management (Lancashire County Council) Permit Scheme Order 2015 (S.I. 2015/38), arts. 1, 2, Sch. para. 1.8

C266 S. 53 disapplied (16.3.2015) by The Traffic Management (Essex County Council) Permit Scheme Order 2015 (S.I. 2015/37), arts. 1, 2, Sch. Appendix B

C267 S. 53 disapplied (16.3.2015) by The Traffic Management (Nottingham City Council) Permit Scheme Order 2015 (S.I. 2015/39), arts. 1, 2, Sch. 1 Appendix B

C268 S. 53 disapplied (16.3.2015) by The Traffic Management (Coventry City Council) Permit Scheme Order 2014 (S.I. 2014/3311), arts. 1, 2, Sch. para. 17.2, Appendix B

C269 S. 53 disapplied (16.3.2015) by The Traffic Management (Warwickshire County Council) Permit Scheme Order 2014 (S.I. 2014/3310), arts. 1, 2, Sch. para. 17.2, Appendix B

C270 S. 53 disapplied (30.3.2015) by The Traffic Management (Brighton and Hove City Council) Permit Scheme Order 2015 (S.I. 2015/90), art. 1, Sch. para. 2.8.1

C271 S. 53 disapplied (30.3.2015) by The Traffic Management (Milton Keynes Council) Permit Scheme Order 2015 (S.I. 2015/91), art. 1, Sch. para. 2.7.1

C272 S. 53 disapplied (30.3.2015) by The Traffic Management (Southampton City Council) Permit Scheme Order 2015 (S.I. 2015/105), art. 1, Sch. para. 2.8.1

C273 S. 53 disapplied (31.3.2015) by The Traffic Management (Borough Council of Calderdale) Permit Scheme Order 2015 (S.I. 2015/328), arts. 1, 2, Sch., Appendix D

C274 S. 53 disapplied (31.3.2015) by The Traffic Management (Derbyshire County Council) Permit Scheme Order 2015 (S.I. 2015/107), art. 1, Sch. para. 3.5

C275 S. 53 disapplied (31.3.2015) by The Traffic Management (City of Bradford Metropolitan District Council) Permit Scheme Order 2015 (S.I. 2015/330), arts. 1, 2, Sch., Appendix D

C276 S. 53 disapplied (31.3.2015) by The Traffic Management (Council of the City of Wakefield MDC) Permit Scheme Order 2015 (S.I. 2015/293), arts. 1, 2, Sch., Appendix D

C277 S. 53 applied (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 175(3)(4), 216(3); S.I. 2016/733, reg. 3(h)

C278 S. 53 modified (1.4.2020) by S.I. 2007/3372, Pt. 8A (as inserted by The Street and Road Works (Amendments Relating to Electronic Communications) (England) Regulations 2020 (S.I. 2020/122), regs. 1(2), 5(7))

C279 S. 53 excluded (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 12(3) (with art. 44, Sch. 15)

C280 S. 53 excluded (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), arts. 1, 13(4) (with art. 40, Sch. 14)

Commencement Information

I2 S. 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 works E+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 [F28 state the date on which it is proposed to begin the works and shall contain such other] 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.

[F29 (4A) If an undertaker who has given advance notice under this section has not, before the starting date specified in the notice, given to the street authority a notice under section 55 in respect of the works, he shall within such period as may be prescribed give to that authority a notice containing such information as may be prescribed.

(4B) An advance notice under this section shall cease to have effect in relation to the proposed works (so that subsection (1) applies again in relation to the works) if those works are not substantially begun before the end of such period beginning with the starting date specified in the notice as may be prescribed, or such further period as the street authority may allow.

(4C) Different periods may be prescribed under subsection (4B) for different descriptions of works.]

(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 [F30 level 4] on the standard scale.

Textual Amendments

F28 Words in s. 54(3) substituted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 1.4.2008 for E. in so far as not already in force, 1.4.2008 for W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 49(1)(a), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 5); S.I. 2007/3174, art. 2, Sch. (with art. 6)

F29 S. 54(4A)-(4C) inserted (29.6.2007 for E. for specified purposes, 26.11.2007 for W. for specified purposes, 1.4.2008 for E. in so far as not already in force, 1.4.2008 for W. in so far as not already in force) by Traffic Management Act 2004 (c. 18), ss. 49(1)(b), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 5); S.I. 2007/3174, art. 2, Sch. (with art. 6)

F30 Words in s. 54(5) substituted (4.10.2004 for E., 26.11.2007 for W.) by Traffic Management Act 2004 (c. 18), ss. 40(1)(2), 99(1), Sch. 1; S.I. 2004/2380, art. 2(d)(i) (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 4)

Modifications etc. (not altering text)

C281 Pt. 3 modified (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 11(1)(2) (with arts. 4, 52, Sch. 9 para. 82)

C282 S. 54 modified (27.11.1992) by S.I. 1992/2984, art. 3(1)

C283 S. 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)

C284 S. 54 applied (with modifications) (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

C285 S. 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)

C286 S. 54 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 9(4)(5) (with art. 38)

S. 54 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 3(3)(4);

S. 54 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), art. 3(3)

C287 S. 54 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 13(6)(7)(8) (with art. 40)

C288 S. 54 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 3(3)(4)

C289 S. 54 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 6(4)(5) (with art. 38)

C290 S. 54 applied (with modifications) (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(4)(5) (with arts. 65, 66)

C291 S. 54 applied (with modifications) (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 3(3)-(5) (with art. 51)

C292 S. 54 applied (with modifications) (4.5.2005) by The Telford Railfreight Terminal (Donnington) Order 2005 (S.I. 2005/1163), arts. 1, 12(7)

C293 S. 54 applied (with modifications) (22.7.2005) by The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005 (S.I. 2005/1794), arts. 1, 3(3)-(5) (with art. 47)

C294 S. 54 applied (with modifications) (3.8.2005) by The Greater Manchester (Leigh Busway) Order 2005 (S.I. 2005/1918), arts. 1, 3(3)(4)

C295 S. 54 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(9)(10) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C296 Ss. 54, 55 applied (with modifications) (8.10.2005) by The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005 (S.I. 2005/2786), arts. 1, 9(2)(3)

C297 S. 54 applied (with modifications) (25.11.2005) by The Docklands Light Railway (Capacity Enhancement) Order 2005 (S.I. 2005/3105), arts. 1, 3(4) (with arts. 3(5), 15(3))

C298 S. 54 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(3)(4) (with art. 52)

C299 S. 54 applied (with modifications) (3.7.2006) by The Port of Blyth (Battleship Wharf Railway) Order 2006 (S.I. 2006/1518), arts. 1, 4

C300 S. 54 applied (with modifications) (14.9.2006) by The Borough of Poole (Poole Harbour Opening Bridges) Order 2006 (S.I. 2006/2310), arts. 1, 9(5)(6) (with art. 40, Sch. 7 para. 12)

C301 S. 54 applied (with modifications) (22.11.2006) by The Docklands Light Railway (Stratford International Extension) Order 2006 (S.I. 2006/2905), arts. 1, 3(4)-(6) (with art. 43)

C302 S. 54 applied (with modifications) (13.12.2006) by The Network Rail (Thameslink 2000) Order 2006 (S.I. 2006/3117), arts. 1, 16(6)(7) (with arts. 34, 35(2))

C303 S. 54 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C304 S. 54 applied (with modifications) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 8(2)(3) (with arts. 46-48, Sch. 6 para. 23)

C305 S. 54 applied (with modifications) (23.8.2007) by The Docklands Light Railway (Capacity Enhancement and 2012 Games Preparation) Order 2007 (S.I. 2007/2297), arts. 1, 3(4)(5) (with arts. 3(6), 12(3))

C306 S. 54 applied (with modifications) (28.9.2007) by The London Gateway Logistics and Commercial Centre Order 2007 (S.I. 2007/2657), arts. 1, 3(2)-(4) (with arts. 19, 28, Sch. 3 para. 13(2))

C307 S. 54 excluded (E.) (1.4.2008) by The Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372), regs. 1(1), 36(b) (with reg. 35)

C308 S. 54 applied (with modifications) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), arts. 1, 6(3)-(5) (with arts. 41(1), 45, 54(2), 55, 56, 57, 58(6))

C309 S. 54 applied (with modifications) (14.10.2008) by The Felixstowe Branch Line and Ipswich Yard Improvement Order 2008 (S.I. 2008/2512), arts. 1, 4(2)-(4) (with art. 36(3))

C310 S. 54 disapplied (W.) (1.6.2009) by The Traffic Management Permit Scheme (Wales) Regulations 2009 (S.I. 2009/1267), regs. 1, 36(b)

C311 S. 54 applied (with modifications) (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 4(4)-(6) (with Sch. 13 para. 14(2), Sch. 14 para. 19, Sch. 16)

C312 S. 54 applied (with modifications) (18.9.2009) by The London Underground (Victoria Station Upgrade) Order 2009 (S.I. 2009/2364), arts. 1, 3(4)-(6)

C313 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Wandsworth) Permit Scheme Order 2009 (S.I. 2009/3189), art. 1, Sch. Appendix B

C314 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Bromley) Permit Scheme Order 2009 (S.I. 2009/3148), art. 1, Sch. Appendix B

C315 S. 54 disapplied (11.1.2010) by The Traffic Management (City of London Corporation) Permit Scheme Order 2009 (S.I. 2009/3162), art. 1, Sch. Appendix B

C316 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Islington) Permit Scheme Order 2009 (S.I. 2009/3180), art. 1, Sch. Appendix B

C317 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Croydon) Permit Scheme Order 2009 (S.I. 2009/3158), art. 1, Sch. Appendix B

C318 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Hackney) Permit Scheme Order 2009 (S.I. 2009/3167), art. 1, Sch. Appendix B

C319 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Lewisham) Permit Scheme Order 2009 (S.I. 2009/3171), art. 1, Sch. Appendix B

C320 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Camden) Permit Scheme Order 2009 (S.I. 2009/3149), art. 1, Sch. Appendix B

C321 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Brent) Permit Scheme Order 2009 (S.I. 2009/3142), art. 1, Sch. Appendix B

C322 S. 54 disapplied (11.1.2010) by The Traffic Management (Transport for London) Permit Scheme Order 2009 (S.I. 2009/3186), art. 1, Sch. Appendix B

C323 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Haringey) Permit Scheme Order 2009 (S.I. 2009/3169), art. 1, Sch. Appendix B

C324 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Hammersmith and Fulham) Permit Scheme Order 2009 (S.I. 2009/3168), art. 1, Sch. Appendix B

C325 S. 54 disapplied (11.1.2010) by The Traffic Management (Royal Borough of Kensington and Chelsea) Permit Scheme Order 2009 (S.I. 2009/3170), art. 1, Sch. Appendix B

C326 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Barnet) Permit Scheme Order 2009 (S.I. 2009/3141), art. 1, Sch. Appendix B

C327 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Hounslow) Permit Scheme Order 2009 (S.I. 2009/3178), art. 1, Sch. Appendix B

C328 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Redbridge) Permit Scheme Order 2009 (S.I. 2009/3179), art. 1, Sch. Appendix B

C329 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Enfield) Permit Scheme Order 2009 (S.I. 2009/3165), art. 1, Sch. Appendix B

C330 S. 54 disapplied (11.1.2010) by The Traffic Management (London Borough of Ealing) Permit Scheme Order 2009 (S.I. 2009/3163), art. 1, Sch. Appendix B

C331 S. 54 disapplied (11.1.2010) by The Traffic Management (City of Westminster) Permit Scheme Order 2009 (S.I. 2009/3187), art. 1, Sch. Appendix B

C332 S. 54 disapplied (25.1.2010) by The Traffic Management (Kent County Council) Permit Scheme Order 2009 (S.I. 2009/3188), art. 1, Sch. Appendix B

C333 S. 54 applied (with modifications) (20.7.2010) by The Network Rail (Nuneaton North Chord) Order 2010 (S.I. 2010/1721), arts. 1, 4

C334 S. 54 applied (with modifications) (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 3(2)(3)(4) (with art. 51, Sch. 10 paras. 68, 85)

C335 S. 54 applied (with modifications) (21.4.2011) by The Network Rail (Hitchin (Cambridge Junction)) Order 2011 (S.I. 2011/1072), arts. 1, 4(2)-(4)

C336 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Harrow) Permit Scheme Order 2011 (S.I. 2011/1961), art. 1, Sch. Appendix B

C337 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Greenwich) Permit Scheme Order 2011 (S.I. 2011/1956), art. 1, Sch. Appendix B

C338 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Lambeth) Permit Scheme Order 2011 (S.I. 2011/1958), art. 1, Sch. Appendix B

C339 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Richmond upon Thames) Permit Scheme Order 2011 (S.I. 2011/1960), art. 1, Sch. Appendix B

C340 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Newham) Permit Scheme Order 2011 (S.I. 2011/1962), art. 1, Sch. Appendix B

C341 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Waltham Forest) Permit Scheme Order 2011 (S.I. 2011/1959), art. 1, Sch. Appendix B

C342 S. 54 disapplied (5.9.2011) by The Traffic Management (London Borough of Southwark) Permit Scheme Order 2011 (S.I. 2011/1957), art. 1, Sch. Appendix B

C343 S. 54 disapplied (28.11.2011) by The Traffic Management (London Borough of Barking and Dagenham) Permit Scheme Order 2011 (S.I. 2011/2599), art. 1, Sch., Appendix B

C344 S. 54 disapplied (28.11.2011) by The Traffic Management (London Borough of Hillingdon) Permit Scheme Order 2011 (S.I. 2011/2600), art. 1, Sch. Appendix B

C345 S. 54 disapplied (12.6.2012) by The Traffic Management (Barnsley Metropolitan Borough Council) Permit Scheme Order 2012 (S.I. 2012/1289), arts. 1, 2, Sch., Appendix D

C346 S. 54 disapplied (12.6.2012) by The Traffic Management (Leeds City Council) Permit Scheme Order 2012 (S.I. 2012/1295), arts. 1, 2, Sch., Appendix D

C347 S. 54 disapplied (12.6.2012) by The Traffic Management (Rotherham Borough Council) Permit Scheme Order 2012 (S.I. 2012/1284), arts. 1, 2, Sch., Appendix D

C348 S. 54 disapplied (12.6.2012) by The Traffic Management (Sheffield City Council) Permit Scheme Order 2012 (S.I. 2012/1294), arts. 1, 2, Sch., Appendix D

C349 S. 54 disapplied (12.6.2012) by The Traffic Management (The Council of the Borough of Kirklees) Permit Scheme Order 2012 (S.I. 2012/1286), arts. 1, 2, Sch., Appendix D

C350 S. 54 disapplied (12.6.2012) by The Traffic Management (Doncaster Borough Council) Permit Scheme Order 2012 (S.I. 2012/1282), arts. 1, 2, Sch., Appendix D

C351 S. 54 applied (with modifications) (26.9.2012) by The Network Rail (Ipswich Chord) Order 2012 (S.I. 2012/2284), arts. 1, 10(2)(3) (with art. 26(2))

C352 S. 54 disapplied (5.11.2012) by The Traffic Management (Hertfordshire County Council) Permit Scheme Order 2012 (S.I. 2012/2549), arts. 1, 2, Sch. Appendix B

C353 S. 54 disapplied (5.11.2012) by The Traffic Management (Southend-On-Sea Borough Council) Permit Scheme Order 2012 (S.I. 2012/2548), arts. 1, 2, Sch. Appendix B

C354 S. 54 disapplied (5.11.2012) by The Traffic Management (Bedford Borough Council) Permit Scheme Order 2012 (S.I. 2012/2541), arts. 1, 2, Sch., Appendix B

C355 S. 54 disapplied (5.11.2012) by The Traffic Management (Luton Borough Council) Permit Scheme Order 2012 (S.I. 2012/2547), arts. 1, 2, Sch., Appendix B

C356 S. 54 applied (with modifications) (6.11.2012) by The Network Rail (North Doncaster Chord) Order 2012 (S.I. 2012/2635), arts. 1, 14(2)-(4) (with art. 35(2))

C357 S. 54 applied (with modifications) (13.11.2012) by The Chiltern Railways (Bicester to Oxford Improvements) Order 2012 (S.I. 2012/2679), arts. 1, 4(2)-(4) (with art. 42(2))

C358 S. 54 disapplied (14.1.2013) by The Traffic Management (London Borough of Tower Hamlets) Permit Scheme Order 2012 (S.I. 2012/3107), arts. 1, 2, Sch. Appendix B

C359 S. 54 disapplied (14.1.2013) by The Traffic Management (London Borough of Sutton) Permit Scheme Order 2012 (S.I. 2012/3106), arts. 1, 2, Sch. Appendix B

C360 S. 54 disapplied (18.2.2013) by The Traffic Management (London Borough of Bexley) Permit Scheme Order 2012 (S.I. 2012/3102), arts. 1, 2, Sch. Appendix B

C361 Ss. 54-106 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 10(3)

C362 S. 54 disapplied (1.3.2013) by The Traffic Management (Royal Borough of Kingston upon Thames) Permit Scheme Order 2012 (S.I. 2012/3104), arts. 1, 2, Sch. Appendix B1

C363 Ss. 54-106 applied (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 9(2)

C364 S. 54 disapplied (29.4.2013) by The Traffic Management (Oldham Borough Council) Permit Scheme Order 2013 (S.I. 2013/808), arts. 1, 2, Sch. Appendix C

C365 S. 54 disapplied (29.4.2013) by The Traffic Management (The Metropolitan Borough Council of Stockport) Permit Scheme Order 2013 (S.I. 2013/805), arts. 1, 2, Sch. Appendix C

C366 S. 54 disapplied (29.4.2013) by The Traffic Management (Wigan Borough Council) Permit Scheme Order 2013 (S.I. 2013/812), arts. 1, 2, Sch. Appendix C

C367 S. 54 disapplied (29.4.2013) by The Traffic Management (Tameside Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/806), arts. 1, 2, Sch. Appendix C

C368 S. 54 disapplied (29.4.2013) by The Traffic Management (Rochdale Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/809), arts. 1, 2, Sch. Appendix C

C369 S. 54 disapplied (29.4.2013) by The Traffic Management (Trafford Borough Council) Permit Scheme Order 2013 (S.I. 2013/807), arts. 1, 2, Sch. Appendix C

C370 S. 54 disapplied (29.4.2013) by The Traffic Management (The Borough Council of Bolton) Permit Scheme Order 2013 (S.I. 2013/813), arts. 1, 2, Sch. Appendix C

C371 S. 54 disapplied (29.4.2013) by The Traffic Management (The Council of the City of Manchester) Permit Scheme Order 2013 (S.I. 2013/811), arts. 1, 2, Sch. Appendix C

C372 S. 54 disapplied (29.4.2013) by The Traffic Management (Bury Metropolitan Borough Council) Permit Scheme Order 2013 (S.I. 2013/814), arts. 1, 2, Sch. Appendix C

C373 S. 54 disapplied (29.4.2013) by The Traffic Management (Salford City Council) Permit Scheme Order 2013 (S.I. 2013/810), arts. 1, 2, Sch. Appendix C

C374 Ss. 54-106 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 13(3) (with arts. 11, 12)

C375 Ss. 54-106 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 9(3) (with art. 30)

C376 S. 54 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)-(3)

C377 S. 54 applied (with modifications) (22.8.2013) by The Leeds Railway Station (Southern Entrance) Order 2013 (S.I. 2013/1933), arts. 1, 3(3)-(5)

C378 S. 54 disapplied (1.10.2013) by The Traffic Management (Derby City Council) Permit Scheme Order 2013 (S.I. 2013/1781), arts. 1, 2, Sch. para. 2.4

C379 S. 54 disapplied (4.11.2013) by The Traffic Management (Buckinghamshire County Council) Permit Scheme Order 2013 (S.I. 2013/2398), art. 1, Sch. para. 1.5, Appendix A

C380 S. 54 applied (with modifications) (6.11.2013) by The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013 (S.I. 2013/2587), arts. 1, 4(4)-(6) (with arts. 42, 43)

C381 S. 54 disapplied (11.11.2013) by The Traffic Management (East Sussex County Council) Permit Scheme Order 2013 (S.I. 2013/2399), arts. 1, 2, Sch. para. 2.12.2

C382 S. 54 disapplied (11.11.2013) by The Traffic Management (Surrey County Council) Permit Scheme Order 2013 (S.I. 2013/2389), arts. 1, 2, Sch. para. 2.12.2

C383 S. 54 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(6)

C384 S. 54 applied (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(4)(5)

C385 S. 54 applied (with modifications) (21.11.2013) by The Network Rail (Redditch Branch Enhancement) Order 2013 (S.I. 2013/2809), arts. 1, 10(2)-(4) (with arts. 27(2), 39, Sch. 10 para. 4)

C386 S. 54 applied (with modifications) (9.1.2014) by The National Grid (King’s Lynn B Power Station Connection) Order 2013 (S.I. 2013/3200), arts. 1, 9(2)-(4)

C387 S. 54 applied (with modifications) (9.1.2014) by The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013 (S.I. 2013/3244), arts. 1, 4(4)-(6) (with arts. 57, 58, Sch. 11 para. 19)

C388 S. 54 disapplied (1.4.2014) by The Traffic Management (Shropshire Council) Permit Scheme Order 2014 (S.I. 2014/466), arts. 1, 2, Sch., Appendix B

C389 S. 54 applied (with modifications) (21.4.2014) by The Network Rail (Norton Bridge Area Improvements) Order 2014 (S.I. 2014/909), arts. 1, 12(3)-(5) (with art. 34(2))

C390 S. 54 disapplied (6.5.2014) by The Traffic Management (Norfolk County Council) Permit Scheme Order 2014 (S.I. 2014/941), arts. 1, 2, Sch., Appendix B

C391 S. 54 applied (with modifications) (7.5.2014) by The National Grid (North London Reinforcement Project) Order 2014 (S.I. 2014/1052), arts. 1, 13(2)-(4)

C392 Ss. 54-106 applied (7.7.2014) by The East Anglia ONE Offshore Wind Farm Order 2014 (S.I. 2014/1599), arts. 1, 8(3) (with arts. 37, 38, Sch. 9 para. 19)

C393 Ss. 54-106 applied (6.8.2014) by The Rampion Offshore Wind Farm Order 2014 (S.I. 2014/1873), arts. 1, 15(3) (with arts. 7(6), 12, 13, Sch. 12 Pt. 1 para. 19, Sch. 12 Pt. 2 para. 6, sch. 12 Pt. 3 para. 5, Sch. 12 Pt. 4 para. 4, Sch. 12 Pt. 5 para. 4)

C394 S. 54 applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(4) (with art. 31(2))

C395 S. 54 modified (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(5) (with art. 31(2))

C396 S. 54 applied (with modifications) (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 8(4)-(6)

C397 Ss. 54-106 applied (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), arts. 1, 10(4), 11(5) (with arts. 55, 56)

C398 Ss. 54-106 applied (2.10.2014) by The North Killingholme (Generating Station) Order 2014 (S.I. 2014/2434), arts. 1, 9(3) (with arts. 6, 9(4), 13, Sch. 8 Pt. 1 para. 6, Sch. 8 Pt. 3 paras. 4(3), 6, 17, Sch. 8 Pt. 5 para. 9)

C399 S. 54 applied (with modifications) (2.10.2014) by The Clocaenog Forest Wind Farm Order 2014 (S.I. 2014/2441), arts. 1, 13(2)-(4) (with art. 33)

C400 S. 54 applied (with modifications) (21.10.2014) by The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 (S.I. 2014/2637), arts. 1, 8(4)-(6)

C401 Ss. 54-106 applied (29.10.2014) by The Able Marine Energy Park Development Consent Order 2014 (S.I. 2014/2935), art. 15(3) (with arts. 30(4), 53)

C402 S. 54 disapplied (3.11.2014) by The Traffic Management (Cheshire East Borough Council) Permit Scheme Order 2014 (S.I. 2014/2460), art. 1, Sch. Appendix B

C403 Ss. 54-106 applied (28.11.2014) by The Walney Extension Offshore Wind Farm Order 2014 (S.I. 2014/2950), arts. 1, 10(3) (with arts. 38, 39)

C404 S. 54 applied (with modifications) (15.12.2014) by The London Underground (Northern Line Extension) Order 2014 (S.I. 2014/3102), arts. 1, 3(4)-(6) (with Sch. 8 para. 45)

C405 S. 54 applied (with modifications) (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 7(1)-(3) (with arts. 37, 38)

C406 Ss. 54-106 applied (7.1.2015) by The Willington C Gas Pipeline Order 2014 (S.I. 2014/3328), arts. 1, 10(3)

C407 S. 54 disapplied (19.1.2015) by The Traffic Management (Wokingham Borough Council) Permit Scheme Order 2014 (S.I. 2014/3105), arts. 1, 2, Sch. para. 2.12.2

C408 S. 54 disapplied (2.2.2015) by The Traffic Management (Cheshire West and Chester Borough Council) Permit Scheme Order 2014 (S.I. 2014/3106), arts. 1, 2, Sch. para. 1.8

C409 S. 54 disapplied (2.2.2015) by The Traffic Management (Sefton Metropolitan Borough Council) Permit Scheme Order 2014 (S.I. 2014/3107), arts. 1, 2, Sch. para. 1.9

C410 S. 54 disapplied (2.2.2015) by The Traffic Management (Warrington Borough Council) Permit Scheme Order 2014 (S.I. 2014/3108), arts. 1, 2, Sch. para. 1.8

C411 Ss. 54-106 applied (2.2.2015) by The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015 (S.I. 2015/23), arts. 1, 9(2)

C412 S. 54 disapplied (9.2.2015) by The Traffic Management (North Tyneside Council) Permit Scheme Order 2014 (S.I. 2014/3109), arts. 1, 2, Sch. para. 1.5, Appendix E

C413 S. 54 applied (with modifications) (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), arts. 1, 9(4)-(6)

C414 Ss. 54-106 applied (26.2.2015) by The Cornwall Council (A30 Temple to Higher Carblake Improvement) Order 2015 (S.I. 2015/147), arts. 1, 9(3)

C415 S. 54 disapplied (1.3.2015) by The Traffic Management (West Berkshire Council) Permit Scheme Order 2014 (S.I. 2014/3110), arts. 1, 2, Sch. para. 2.12.2

C416 S. 54 disapplied (2.3.2015) by The Traffic Management (Knowsley Metropolitan Borough Council) Permit Scheme Order 2015 (S.I. 2015/34), arts. 1, 2, Sch. para. 1.8

C417 S. 54 disapplied (4.3.2015) by The Traffic Management (Slough Borough Council) Permit Scheme Order 2014 (S.I. 2014/3112), arts. 1, 2, Sch. para. 2.12.2

C418 S. 54 disapplied (9.3.2015) by The Traffic Management (Lancashire County Council) Permit Scheme Order 2015 (S.I. 2015/38), arts. 1, 2, Sch. para. 1.8

C419 Ss. 54-106 applied (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 13(3) (with arts. 8(5), 35, 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 4 paras. 3, 4, 16)

C420 S. 54 disapplied (16.3.2015) by The Traffic Management (Essex County Council) Permit Scheme Order 2015 (S.I. 2015/37), arts. 1, 2, Sch. Appendix B

C421 S. 54 disapplied (16.3.2015) by The Traffic Management (Warwickshire County Council) Permit Scheme Order 2014 (S.I. 2014/3310), arts. 1, 2, Sch. para. 17.2, Appendix B

C422 S. 54 disapplied (16.3.2015) by The Traffic Management (Nottingham City Council) Permit Scheme Order 2015 (S.I. 2015/39), arts. 1, 2, Sch. 1 Appendix B

C423 S. 54 disapplied (16.3.2015) by The Traffic Management (Coventry City Council) Permit Scheme Order 2014 (S.I. 2014/3311), arts. 1, 2, Sch. para. 17.2, Appendix B

C424 S. 54 disapplied (30.3.2015) by The Traffic Management (Milton Keynes Council) Permit Scheme Order 2015 (S.I. 2015/91), art. 1, Sch. para. 2.7.1

C425 S. 54 disapplied (30.3.2015) by The Traffic Management (Southampton City Council) Permit Scheme Order 2015 (S.I. 2015/105), art. 1, Sch. para. 2.8.1

C426 S. 54 disapplied (30.3.2015) by The Traffic Management (Brighton and Hove City Council) Permit Scheme Order 2015 (S.I. 2015/90), art. 1, Sch. para. 2.8.1

C427 S. 54 disapplied (31.3.2015) by The Traffic Management (City of Bradford Metropolitan District Council) Permit Scheme Order 2015 (S.I. 2015/330), arts. 1, 2, Sch., Appendix D

C428 S. 54 disapplied (31.3.2015) by The Traffic Management (Derbyshire County Council) Permit Scheme Order 2015 (S.I. 2015/107), art. 1, Sch. para. 3.5

C429 S. 54 disapplied (31.3.2015) by The Traffic Management (Borough Council of Calderdale) Permit Scheme Order 2015 (S.I. 2015/328), arts. 1, 2, Sch., Appendix D

C430 S. 54 disapplied (31.3.2015) by The Traffic Management (Council of the City of Wakefield MDC) Permit Scheme Order 2015 (S.I. 2015/293), arts. 1, 2, Sch., Appendix D

C431 Ss. 54-106 applied (1.4.2015) by The Knottingley Power Plant Order 2015 (S.I. 2015/680), arts. 1, 10(3) (with art. 7(6), Sch. 8 para. 10)

C432 Ss. 54-106 applied (23.6.2015) by The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 (S.I. 2015/1347), arts. 1, 9(2)

C433 Ss. 54-106 applied (30.6.2015) by The Swansea Bay Tidal Generating Station Order 2015 (S.I. 2015/1386), arts. 1, 9(3) (with arts. 51, 53)

C434 Ss. 54-106 applied (7.8.2015) by The Preesall Underground Gas Storage Facility Order 2015 (S.I. 2015/1561), arts. 1, 9(3) (with art. 44)

C435 Ss. 54-106 applied (14.8.2015) by The Progress Power (Gas Fired Power Station) Order 2015 (S.I. 2015/1570), arts. 1, 10(3)

C436 Ss. 54-106 applied (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 14(3) (with arts. 35, 40, 41)

C437 Ss. 54-106 applied (19.11.2015) by The Ferrybridge Multifuel 2 Power Station Order 2015 (S.I. 2015/1832), arts. 1(2), 9(3)

C438 Ss. 54-106 applied (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 9(3) (with art. 26)

C439 S. 54 applied (with modifications) (12.1.2016) by The London Underground (Bank Station Capacity Upgrade) Order 2015 (S.I. 2015/2044), arts. 1, 4(4)(5)(6)

C440 S. 54 modified (9.2.2016) by The National Grid (Hinkley Point C Connection Project) Order 2016 (S.I. 2016/49), arts. 1, 11(2)-(4) (with art. 32)

C441 S. 54 applied (with modifications) (18.2.2016) by The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016 (S.I. 2016/73), arts. 1, 8(4)-(6) (with art. 37)

C442 Ss. 54-106 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(3) (with art. 39)

C443 S. 54 applied (with modifications) (1.6.2016) by The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016 (S.I. 2016/547), arts. 1, 10(4)-(6) (with arts. 4, 5(3))

C444 S. 54 applied (with modifications) (14.6.2016) by The Midland Metro (Birmingham City Centre Extension, etc.) (Land Acquisition and Variation) Order 2016 (S.I. 2016/545), arts. 1, 3(3)-(5) (with art. 39)

C445 S. 54 applied (with modifications) (2.8.2016) by The Midland Metro (Wolverhampton City Centre Extension) Order 2016 (S.I. 2016/684), arts. 1, 5(3)-(5) (with arts. 46, 47, Sch. 9 para. 4, Sch. 10 para. 12(2))

C446 Ss. 54-106 applied (2.8.2016) by The Meaford Gas Fired Generating Station Order 2016 (S.I. 2016/779), arts. 1, 11(3)

C447 Ss. 54-106 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), arts. 1, 10(3) (with arts. 35, 36)

C448 Ss. 54-106 applied (19.8.2016) by The North Wales Wind Farms Connection Order 2016 (S.I. 2016/818), arts. 1, 10(5) (with art. 35)

C449 S. 54 applied (with modifications) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 10(2)(a)(3) (with arts. 37, 38)

C450 Ss. 54-106 applied (with modifications) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 11(3) (with art. 43)

C451 S. 54 applied (with modifications) (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 9(4)-(6)

C452 Ss. 54-106 applied (23.9.2016) by The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016 (S.I. 2016/863), arts. 1, 11(3)

C453 Ss. 54-106 applied (27.9.2016) by The Triton Knoll Electrical System Order 2016 (S.I. 2016/880), arts. 1(2), 8(3) (with arts. 39, 40, Sch. 8 para. 19)

C454 S. 54 applied (28.10.2016) by The Brechfa Forest Wind Farm Connection Order 2016 (S.I. 2016/987), arts. 1, 8(4) (with art. 37)

C455 S. 54 applied (28.10.2016) by The Brechfa Forest Wind Farm Connection Order 2016 (S.I. 2016/987), arts. 1, 8(3)(a) (with art. 37)

C456 S. 54 applied (with modifications) (24.11.2016) by The Transport for Greater Manchester (Light Rapid Transit System) (Trafford Park Extension) Order 2016 (S.I. 2016/1035), arts. 1, 4(4)-(6) (with arts. 43, 44)

C457 Ss. 54-106 applied (18.3.2017) by The North London Heat and Power Generating Station Order 2017 (S.I. 2017/215), arts. 1, 10(3)

C458 S. 54 applied (with modifications) (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 12(2)(3)(a)(4) (with art. 31)

C459 Ss. 54-106 applied (29.3.2017) by The Glyn Rhonwy Pumped Storage Generating Station Order 2017 (S.I. 2017/330), arts. 1, 10(3) (with art. 31)

C460 Ss. 54-106 applied (5.4.2017) by The Keuper Underground Gas Storage Facility Order 2017 (S.I. 2017/433), arts. 1, 10(4)

C461 Ss. 54-106 applied (8.8.2017) by The Wrexham Gas Fired Generating Station Order 2017 (S.I. 2017/766), arts. 1, 10(3)

C462 S. 54 applied (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 11(4) (with art. 22)

C463 S. 54 applied (with modifications) (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), arts. 1, 11(3)(a) (with art. 22)

C464 Ss. 54-106 applied (29.8.2017) by The East Anglia THREE Offshore Wind Farm Order 2017 (S.I. 2017/826), arts. 1, 8(3) (with arts. 5(9), 36, 37, Sch. 8 para. 34)

C465 S. 54 applied (with modifications) (5.9.2017) by The London Overground (Barking Riverside Extension) Order 2017 (S.I. 2017/830), arts. 1, 3(4)-(6) (with Sch. 8 para. 20)

C466 S. 54 applied (with modifications) (19.12.2017) by The Network Rail (Buxton Sidings Extension) Order 2017 (S.I. 2017/1150), arts. 1, 4(3)-(5) (with art. 32(2))

C467 S. 54 applied (22.12.2017) by The M20 Junction 10a Development Consent Order 2017 (S.I. 2017/1202), arts. 1, 11(4)-(6) (with arts. 4, 37)

C468 S. 54 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(4)-(6) (with arts. 55-57, Sch. 8 para. 13)

C469 S. 54 applied (with modifications) (4.1.2018) by The Blackpool Tramway (Blackpool North Extension) Order 2017 (S.I. 2017/1214), arts. 1, 5(4)-(6) (with arts. 58, 59)

C470 S. 54 applied (with modifications) (18.4.2018) by The Network Rail (Hope Valley Capacity) Order 2018 (S.I. 2018/446), arts. 1, 4(3)-(5) (with arts. 24(8), 33(2))

C471 S. 54 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 7(4)-(6)

C472 S. 54 applied (with modifications) (3.10.2018) by The A19/A184 Testo's Junction Alteration Development Consent Order 2018 (S.I. 2018/994), arts. 1, 9(4)-(6) (with arts. 3(3), 5)

C473 Ss. 54-106 applied (12.10.2018) by The Eggborough Gas Fired Generating Station Order 2018 (S.I. 2018/1020), arts. 1, 8(3) (with arts. 6, 42)

C474 S. 54 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(4)-(6) (with arts. 55, 56)

C475 Ss. 54-106 applied (3.4.2019) by The Millbrook Gas Fired Generating Station Order 2019 (S.I. 2019/578), arts. 1, 9(3)

C476 Ss. 54-106 applied (10.10.2019) by The Abergelli Power Gas Fired Generating Station Order 2019 (S.I. 2019/1268), arts. 1, 9(3)

C477 Ss. 54-106 applied (25.10.2019) by The Drax Power (Generating Stations) Order 2019 (S.I. 2019/1315), arts. 1, 9(3)

C478 S. 54 applied (with modifications) (25.2.2020) by The Network Rail (East West Rail) (Bicester to Bedford Improvements) Order 2020 (S.I. 2020/114), arts. 1, 4(3)-(5) (with art. 37(2))

C479 S. 54 applied (with modifications) (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 12(4)(5)(a)(6) (with art. 3(1))

C480 Ss. 54-106 applied (27.2.2020) by The A30 Chiverton to Carland Cross Development Consent Order 2020 (S.I. 2020/121), arts. 1, 11(3) (with art. 3(1))

C481 S. 54 applied (with modifications) (4.3.2020) by The Midland Metro (Birmingham Eastside Extension) Order 2020 (S.I. 2020/141), arts. 1, 5(3)-(5) (with arts. 47, 48, Sch. 10 para. 19)

C482 Ss. 54-106 applied (14.4.2020) by The Reinforcement to the North Shropshire Electricity Distribution Network Order 2020 (S.I. 2020/325), arts. 1, 10(4) (with art. 7)

C483 S. 54 applied (with modifications) (30.4.2020) by The A585 Windy Harbour to Skippool Highway Development Consent Order 2020 (S.I. 2020/402), arts. 1, 9(4)(5)(6) (with arts. 5, 44)

C484 Ss. 54-106 applied (1.5.2020) by The Riverside Energy Park Order 2020 (S.I. 2020/419), arts. 1, 11(3) (with art. 7)

C485 S. 54 applied (with modifications) (21.5.2020) by The Lake Lothing (Lowestoft) Third Crossing Order 2020 (S.I. 2020/474), arts. 1, 7(4)-(6) (with arts. 51, 57)

C486 S. 54 applied (with modifications) (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 13(4)(5) (with arts. 13(6), 37)

C487 Ss. 54-106 applied (11.6.2020) by The M42 Junction 6 Development Consent Order 2020 (S.I. 2020/528), arts. 1, 12(3) (with art. 37)

C488 S. 54 applied (with modifications) (18.6.2020) by The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (S.I. 2020/556), arts. 1, 9(4)(5) (with arts. 5, 9(6), 44)

C489 S. 54 applied (with modifications) (6.8.2020) by The A19 Downhill Lane Junction Development Consent Order 2020 (S.I. 2020/746), arts. 1, 9(4)-(6) (with art. 5)

C490 Ss. 54-106 applied (1.9.2020) by The Immingham Open Cycle Gas Turbine Order 2020 (S.I. 2020/847), arts. 1, 9(3) (with Sch. 9 para. 144)

C491 S. 54 applied (with modifications) (15.10.2020) by The Great Yarmouth Third River Crossing Development Consent Order 2020 (S.I. 2020/1075), arts. 1, 11(5)(6)

C492 S. 54 applied (with modifications) (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 12(4)(5)(a)(6) (with art. 32, Sch. 9 para. 36)

C493 Ss. 54-106 applied (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 12(3) (with art. 5, Sch. 27 para. 36)

C494 S. 54 applied (with modifications) (9.2.2021) by The A1 Birtley to Coal House Development Consent Order 2021 (S.I. 2021/74), arts. 1, 10(4)-(6) (with art. 5, Sch. 27 para. 36)

C495 S. 54 applied (with modifications) (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 12(4)-(6) (with arts. 4, 47)

C496 S. 54 applied (19.2.2021) by The A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125), arts. 1, 11(3) (with arts. 4, 47)

C497 S. 54 applied (with modifications) (1.9.2021) by The Network Rail (Teddington Station Access for All) Order 2021 (S.I. 2021/937), arts. 1, 3(3)(a)(4)

C498 Ss. 54-106 applied (22.12.2021) by The Morlais Demonstration Zone Order 2021 (S.I. 2021/1478), arts. 1, 7, Sch. 10 para. 2 (with arts. 15, 50, Sch. 11 para. 29)

C499 S. 54 applied (with modifications) (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 12(4)-(6) (with Sch. 8 Pt. 6 para. 19)

C500 Ss. 54-106 applied (10.3.2022) by The Thurrock Flexible Generation Plant Development Consent Order 2022 (S.I. 2022/157), arts. 1, 11(3) (with Sch. 8 Pt. 6 para. 19)

C501 S. 54 applied (with modifications) (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(4)(5) (with art. 55)

C502 S. 54 applied (with modifications) (12.5.2022) by The M54 to M6 Link Road Development Consent Order 2022 (S.I. 2022/475), arts. 1, 9(4)-(6)

C503 S. 54 applied (with modifications) (2.6.2022) by The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022 (S.I. 2022/549), arts. 1, 11(4)-(6) (with arts. 6, 34)

C504 S. 54 applied (with modifications) (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(4)-(6) (with arts. 5, 36)

C505 S. 54 applied (with modifications) (13.7.2022) by The A47 Blofield to North Burlingham Development Consent Order 2022 (S.I. 2022/738), arts. 1, 11(4)-(6) (with arts. 4, 50)

C506 Ss. 54-106 applied (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 14(4) (with arts. 15, 62, 76, 87)

S. 54 applied (with modifications) (11.8.2022) by The Sizewell C (Nuclear Generating Station) Order 2022 (S.I. 2022/853), arts. 1, 15(3)-(5) (with arts. 62, 76, 87)

C507 Ss. 54-106 applied (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 14(3) (with arts. 4, 53)

C508 S. 54 applied (with modifications) (2.9.2022) by The A47 North Tuddenham to Easton Development Consent Order 2022 (S.I. 2022/911), arts. 1, 10(4)-(6) (with arts. 4, 53)

C509 S. 54 applied (with modifications) (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 11(4)-(6)

C510 S. 54 applied (with modifications) (8.9.2022) by The Manston Airport Development Consent Order 2022 (S.I. 2022/922), arts. 1, 10(4)-(6) (with arts. 5, 40)

C511 S. 54 applied (with modifications) (3.11.2022) by The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022 (S.I. 2022/1067), arts. 1, 4(3)-(5)

C512 S. 54 applied (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 11(4)(5)(a)(6) (with arts. 4, 52, Sch. 9 para. 82)

C513 Ss. 54-106 applied (with modifications) (4.11.2022) by The A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), arts. 1, 15(3) (with arts. 4, 52, Sch. 9 para. 82)

C514 S. 54 applied (with modifications) (5.12.2022) by The Portishead Branch Line (MetroWest Phase 1) Order 2022 (S.I. 2022/1194), arts. 1, 12(4)(5)(a)(6) (with art. 51)

C515 Ss. 54-106 applied (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 10(3) (with arts. 5, 11)

C516 S. 54 applied (with modifications) (7.12.2022) by The A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206), arts. 1, 11(4)-(6) (with art. 5)

C517 S. 54 applied (with modifications) (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 12(4)-(6) (with art. 4)

C518 Ss. 54-106 applied (7.12.2022) by The A417 Missing Link Development Consent Order 2022 (S.I. 2022/1248), arts. 1, 11(3) (with arts. 4, 12)

C519 Ss. 54-106 applied (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 9(3) (with art. 32, Sch. 10 paras. 26(2), 68)

C520 S. 54 applied (with modifications) (11.1.2023) by The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022 (S.I. 2022/1406), arts. 1, 4(4)(5) (with art. 34(2), Sch. 12 paras. 5, 47, 79)

C521 Ss. 54-106 applied (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 15(3) (with arts. 4, 50)

C522 S. 54 applied (with modifications) (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 11(4)-(6) (with arts. 4, 50)

C523 Ss. 54-106 applied (18.7.2023) by The Longfield Solar Farm Order 2023 (S.I. 2023/734), arts. 1, 8(3)

C524 Ss. 54-106 applied (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 10(3) (with arts. 5, 53, Sch. 8 paras. 6, 64)

C525 S. 54 applied (with modifications) (27.7.2023) by The Boston Alternative Energy Facility Order 2023 (S.I. 2023/778), arts. 1, 11(4)-(6) (with arts. 5, 53, Sch. 8 paras. 6, 64)

C526 S. 54 applied (with modifications) (2.8.2023) by The Rother Valley Railway (Bodiam to Robertsbridge Junction) Order 2023 (S.I. 2023/815), arts. 1, 4(2)-(4) (with art. 42)

C527 S. 54 applied (with modifications) (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 8(4)-(6) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)

C528 S. 54 applied (with modifications) (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 12(4)-(6) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))

C529 Ss. 54-106 applied (7.9.2023) by The A38 Derby Junctions Development Consent Order 2023 (S.I. 2023/923), arts. 1, 11(3) (with arts. 4, 45, Sch. 9 paras. 6, 46, 54(1))

C530 Ss. 54-106 applied (7.2.2024) by The Drax Power Station Bioenergy with Carbon Capture and Storage Extension Order 2024 (S.I. 2024/70), arts. 1, 9(3) (with art. 43, Sch. 12 paras. 5, 24)

C531 S. 54 applied (with modifications) (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 12(4)-(6) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)

C532 Ss. 54-106 applied (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), arts. 1, 11(3) (with arts. 42, 43, Sch. 12 paras. 5, 51, 91, 129, 136, 234, 345, 356)

C533 Ss. 54-106 applied (13.3.2024) by The Medworth Energy from Waste Combined Heatnd Power Facility Order 2024 (S.I. 2024/230), arts. 1, 10 (with Sch. 11 paras. 5, 22, 37, 47, 82, 110)

C534 S. 54 applied (with modifications) (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 8(4)-(6) (with arts. 18, 35, Sch. 9)

C535 S. 54 applied (with modifications) (5.4.2024) by The National Grid (Yorkshire Green Energy Enablement Project) Development Consent Order 2024 (S.I. 2024/393), arts. 1, 12(4)-(6) (with art. 44, Sch. 15)

C536 S. 54 applied (with modifications) (25.4.2024) by The Network Rail (Church Fenton Level Crossing Reduction) Order 2024 (S.I. 2024/526), arts. 1, 4(3)-(5)

C537 Ss. 54-106 applied (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 13(3) (with art. 6, Sch. 10)

C538 S. 54 applied (with modifications) (14.6.2024) by The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 (S.I. 2024/733), arts. 1, 11(4)-(6) (with art. 6, Sch. 10)

C539 Ss. 54-106 applied (3.8.2024) by The Mallard Pass Solar Farm Order 2024 (S.I. 2024/796), arts. 1, 8(3) (with Sch. 15)

C540 Ss. 54-106 applied (3.8.2024) by The Gate Burton Energy Park Order 2024 (S.I. 2024/807),