Part II Code to have effect where Apparatus is Affected by Road, Bridge or Transport Works

Cases in which the code in this Part of this Act is to have effect

21 Cases in which the code in this Part is to have effect.

(1)

The two next succeeding sections and the Fourth Schedule to this Act (in this Act referred to as “the code in this Part of this Act”) shall have effect, subject to the provisions of section twenty-four of this Act as to time of operation, in cases in which undertakers’ apparatus to which this section applies in a street, or in controlled land abutting on a street, is affected by—

(a)

any of the following works executed for road purposes by, or on behalf of, the F1highway authority, that is to say—

reconstruction or widening of the street,

substantial alteration of the level thereof,

provision, alteration of the position or width, or substantial alteration of the level, of a carriageway, footpath, or cycle track in the street,

provision of a cattle-grid in the street or works ancillary thereto, or

tunnelling of boring under the street; or

(b)

replacing, reconstruction or substantial alteration of a bridge which carries or goes over the street, if the street is one for the maintenance or repair of which the F2highway authority is liable or is one which is under the control or management of a transport authority; or

(c)

substantial works (other than replacing, reconstruction or substantial alteration of a bridge) required for the purposes of a transport undertaking and executed in property held or used for the purposes of the undertaking which the street crosses or is crossed by, if the street is one such as is mentioned in the last preceding paragraph;

with a view to providing a uniform code for regulating the relations between the promoting authority and the undertakers in such cases.

(2)

This section applies to apparatus in a street which was placed (whether before or after the passing of this Act) in exercise of a power to which section one of this Act applies or over which such a power is exercisable, and to apparatus in controlled land which was placed in exercise of such a power together with an authorisation under the First Schedule to this Act.

(3)

In this Part of this Act and in the Fourth Schedule thereto—

such works as are mentioned in paragraph (a), (b) or (c) of subsection (1) of this section are referred to respectively as “a road alteration”, “a bridge alteration” and “transport works”, and the expression “authority’s works” means such works as are mentioned in any of those paragraphs; and the expression “promoting authority” means for the purposes of the operation of this Part of this Act and the Fourth Schedule thereto in relation to a road alteration, to a bridge alteration or to transport works, the following respectively, that is to say the F3highway authority executing the road alteration, the bridge authority or managers (including any authority, body or person who are or is such an authority or managers by virtue of functions exercised on behalf of the Crown), or the transport authority (including as aforesaid):

Provided that this Part of this Act and Part I of the Fourth Schedule thereto shall have effect subject to the provisions of Part II of that Schedule where two or more operations each being authority’s works are executed in connection with each other on the same occasion by different authorities.

(4)

“ F4In so far as any works carried out in a street by a district council by virtue of their powers under section 187(2) of the M1Local Government Act 1972 constitute a road alteration, the references in subsections (1)(a) and (3) of this section to the highway authority, and in the Table in Schedule 6 to this Act to the local highway authority, shall be construed, in relation to those works, as references to the district council.”