C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C19C18C20C21C23C24C25C29C28C30C35C36C37C38C58C59C79C86C89C90C91C92C94C93C97C100C101C103C109C113Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C3

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)

C4

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).

C5

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).

C6

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

C7

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)

C8

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)

C9

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

C10

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

C11

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)

C30

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

C35

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

C86

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)

C91

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

C94

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)

Streets subject to special controls

C1C22C21C26C27C83C86C85C87C88C98C99C100C102C103C108C110C112C11461C21C30C35C86C100C103 Protected streets.

C31C1041

The consent of the street authority is required for the placing of apparatus by an undertaker in a protected street, except as mentioned below.

The following are “protected streets” for this purpose—

a

any highway or proposed highway which is a special road in accordance with section 16 of the M1Highways Act 1980, and

b

any street designated by the street authority as protected.

2

Consent is not required for the placing of apparatus—

a

by way of renewal of existing apparatus, or

b

in pursuance of a street works licence,

unless, in the latter case, the licence was granted before the street became a protected street.

3

The street authority may require the payment of—

a

a reasonable fee in respect of the legal or other expenses incurred in connection with the giving of their consent under this section, and

b

an annual fee of a reasonable amount for administering the consent;

and any such fee is recoverable from the undertaker.

This shall not be construed as affecting any right of the authority where they own the land on which the street is situated to grant for such consideration as they think fit the right to place anything in, under or over the land.

4

Where the apparatus is to be placed crossing the protected street and not running along it, the street authority shall not withhold their consent unless there are special reasons for doing so.

5

Consent to the placing of apparatus in a protected street may be given subject to conditions; and the street authority may agree to contribute to the expenses incurred by the undertaker in complying with the conditions.

6

Any dispute between a street authority and an undertaker as to the withholding of consent, the imposition of conditions, or the making of contributions shall be settled by arbitration.

7

An undertaker having a statutory duty to afford a supply or service shall not be regarded as in breach of that duty if, or to the extent that, it is not reasonably practicable to afford a supply or service by reason of anything done by the street authority in exercise of their functions under this section.

C83C86C85C87C88C98C99C100C102C103C108C110C112C11462C21C30C35C86C100C103 Supplementary provisions as to designation of protected streets.

1

The Secretary of State may prescribe—

a

the criteria for designating a street as protected,

b

the procedure for making or withdrawing such a designation, and

c

the information to be made available by a street authority as to the streets for the time being so designated by them.

C32C1052

Where a street has been designated as protected the street authority may direct an undertaker to remove or change the position of apparatus placed in the street at a time when it was not so designated.

The authority shall indemnify the undertaker in respect of his reasonable expenses in complying with such a direction.

3

Where a designation is withdrawn the street authority may give such directions as they consider appropriate as to—

a

the continuance in force of any conditions subject to which consent was given for the placing of apparatus in the street, and

b

the continuance of entitlement to any contributions in respect of the expenses of an undertaker in complying with such conditions.

C33C1064

Where a designation is made or withdrawn the street authority may give such directions as they consider appropriate with respect to works in progress in the street when the designation comes into force or ceases to have effect.

5

Any dispute between a street authority and an undertaker as to the exercise by the authority of their powers under subsection (2), (3) or (4) shall be settled by arbitration.

C83C86C85C87C88C98C99C100C102C103C108C110C112C11463C21C30C35C86C100C103 Streets with special engineering difficulties.

C34C1071

The provisions of Schedule 4 have effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties.

2

The Secretary of State may prescribe—

a

the criteria for designating a street as having special engineering difficulties,

b

the procedure for making or withdrawing such a designation, and

c

the information to be made available by a street authority as to the streets for the time being so designated by them.

3

Where a local highway authority are asked to designate a street as having special engineering difficulties—

a

by a transport authority on the ground of the proximity of the street to a structure belonging to, or under the management or control of, the authority, or

b

by an undertaker having apparatus in the street,

and decline to do so, the transport authority or undertaker may appeal to the Secretary of State who may direct that the street be designated.

4

The designation of a street as having special engineering difficulties shall not be withdrawn except after consultation with any transport authority or undertaker at whose request the designation was made; and a designation made in pursuance of a direction by the Secretary of State shall not be withdrawn except with his consent.

C50C52C46C39C56C53C44C55C40C51C54C42C41C47C43C48C45C49C57C66C65C61C64C60C62C63C68C67C72C73C71C74C70C69C75C78C77C76C80C81C82C83C84C86C85C87C88C95C96C98C99C100C102C103C108C110C111C112C11464C21C86C100C103 Traffic-sensitive streets.

1

Regulations made for the purposes of section 54, 55 or 57 (notices required to be given in respect of street works) F2or paragraph 2 of Schedule 3A may make special provision in relation to street works in a street designated by the street authority as traffic-sensitive.

2

The Secretary of State may prescribe—

a

the criteria for designating a street as traffic-sensitive,

b

the procedure for making or withdrawing such a designation, and

c

the information to be made available by a street authority as to the streets for the time being so designated by them.

3

If it appears to the street authority that the prescribed criteria are met only at certain times or on certain dates, a limited designation may be made accordingly.

In such a case the reference in subsection (1) to the execution of works in a street designated as traffic-sensitive shall be construed as a reference to works so executed at those times or on those dates.

F14

Where any council of a London borough or the Common Council of the City of London are asked by the Traffic Director for London to designate a street as a traffic-sensitive street and they decline to do so, the Director may appeal to the Secretary of State who may direct that the street be designated.