Search Legislation

Advanced Search

New Roads and Street Works Act 1991

Help about what version

What Version

Help about advanced features

Advanced Features

Changes over time for: Section 55

Help about opening options

Version Superseded: 01/09/2021

Alternative versions:

Status:

Point in time view as at 19/02/2021. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

New Roads and Street Works Act 1991, Section 55 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

55 Notice of starting date of works.E+W

(1)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, [F1or 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.

(4)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 [F2level 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.

[F3(8)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.]

Textual Amendments

F1Words in s. 55(2) 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. 51(9), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 6); S.I. 2007/3174, art. 2, Sch. (with art. 7)

F2Words in s. 55(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)

F3S. 55(8)(9) 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(2), 99(1); S.I. 2007/1890, art. 2, Sch. (with art. 5); S.I. 2007/3174, art. 2, Sch. (with art. 6)

Modifications etc. (not altering text)

C22Pt. 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)

C25Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C48Pt. 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)

C66S. 55 applied (4.4.1996) by S.I. 1996/937, art. 8(4)(5)

S. 55 applied (13.1.1999) by S.I. 1998/3269, art. 4(2)(3)(4)

S. 55 applied (27.8.1998) by S.I. 1998/1936, art. 4(3)

S. 55 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 55 applied (10.2.1997) by S.I. 1997/264, art. 8(6)(7)

S. 55 applied with modifications (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

C67S. 55 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 55 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 55 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 55 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 55 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 55 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)(4)

S. 55 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 55 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 55 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C76S. 55 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)

C79S. 55 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)

C84S. 55 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C85S. 55 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)

C132S. 55 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))

C157S. 55 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)-(3)

C175S. 55 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))

C180S. 55 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)

C186S. 55 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)

C223Ss. 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)

C252S. 55 applied (with modifications) (31.5.2018) by The Silvertown Tunnel Order 2018 (S.I. 2018/574), arts. 1(2), 7(4)-(6)

C255S. 55 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)

C270S. 55 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 9(2)(a)(h) (with arts. 9(3), 37)

C280S. 55(1)(4): 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(c)

Commencement Information

I1S. 55 wholly in force: s. 55 in force for the purpose of making regulations at 28.11.1992, and for all other purposes at 1.1.1993, see s. 170 and S.I. 1992/2984, art. 2, Schs. 1, 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources