C6C7C8C9C10C11C12C13C14C15C16C19C21C24C26C28C32C30C33C35C39C42C46C51C49C52C53C54C57C59C82C84C107C115C129C133C137C141C145C143C149C153C156C159C162C167C196C204C206C208C211C213C214C217C224C229C231C232Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C7

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)

C8

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).

C9

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).

C10

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

C11

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)

C12

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)

C13

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

C14

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

C15

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)

C52

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

C53

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

C115

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)

C137

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

C145

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)

Notice and co-ordination of works

I1C1C2C3C4C17C16C18C20C19C22C21C23C25C24C26C27C29C28C32C30C31C34C33C35C36C37C38C39C40C41C43C42C44C45C47C46C48C50C51C49C55C54C56C58C57C60C59C73C68C64C66C62C70C75C63C71C79C76C78C67C72C77C69C74C61C65C80C81C82C83C85C84C91C89C90C87C86C88C92C94C93C98C99C95C97C96C100C101C105C104C103C102C106C108C107C110C109C111C112C113C115C114C125C120C117C123C121C119C122C124C118C116C126C127C128C129C130C131C132C133C134C135C136C138C139C137C140C141C142C145C143C144C146C147C148C150C149C151C152C153C154C155C157C156C158C159C160C161C163C162C164C165C166C167C168C169C170C171C173C174C175C172C176C177C178C179C180C181C182C183C184C186C187C185C190C189C188C194C192C193C191C195C197C198C199C200C201C202C203C205C204C207C206C208C209C210C212C211C215C213C214C217C216C218C219C220C221C222C224C223C225C226C227C228C230C229C23355C16C19C21C24C26C28C32C30C33C35C39C42C46C51C49C54C57C59C82C84C107C115C129C133C137C141C145C143C149C153C156C159C162C167C204C206C208C211C213C214C217C224C229 Notice of starting date of works.

C51

An undertaker proposing to begin to execute street works involving—

a

breaking up or opening the street, or any sewer, drain or tunnel under it, or

b

tunnelling or boring under the street,

shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.

2

Different periods of notice may be prescribed for different descriptions of works, F3or in cases where the undertaker has been given notice under section 58(1), and cases may be prescribed in which no notice is required.

3

The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.

C54

Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.

5

An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding F1level 4 on the standard scale.

6

In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—

a

to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or

b

to his not knowing the identity or address of—

i

a relevant authority, or

ii

the person to whom any apparatus belongs,

and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.

7

A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.

F28

If a notice under this section ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this section was required to be given.

9

An undertaker who fails to give notice in accordance with subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.