Public Utilities Street Works Act 1950 (repealed 1.1.1993)

Provisions as to authorisation of execution of works in controlled land E+W+S

2 The [F1 street][F1 roads] authority for any such [F2 street][F2 road] as is mentioned in paragraph 1 of this Schedule wherein there is exercisable a power to execute undertakers’ works of any kind (being a power to which section one of this Act applies and in relation to which the street works code has effect) may, subject to the provisions of this Schedule, authorise the undertakers to execute works of that kind in controlled land abutting on the [F2 street][F2 road] instead of in the [F2 street][F2 road], and such an authorisation may be given as to such works either generally or as respects a particular class of such works or as respects particular works.

Textual Amendments

F1 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(b)

F2 Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(b)

3 An authorisation given under this Schedule shall be irrevocable, and, where such an authorisation has been duly given as respects any works, the undertakers shall, subject to the provisions of this Schedule, have the like power to execute the works in the controlled land, and the like rights in relation to apparatus placed in exercise of that power, as if the controlled land had been comprised in the [F3 street][F3 road] (and, where any consent of the [F4 street][F4 roads] authority as such or of the [F3 street][F3 road] managers as such would have been requisite for the execution of the works in the [F3 street][F3 road], as if that consent had been given unconditionally), and shall have power to enter upon the controlled land for the purposes of the execution of the works therein.

Textual Amendments

F3 Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(c)

F4 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(c)

4 Before giving an authorisation under this Schedule the [F5 street][F5 roads] authority shall publish in a newspaper circulating in the locality a notice of their intention to give the authorisation, and shall, not later than the day on which the notice is published, serve a like notice on every person being an owner, lessee or occupier of the controlled land or of any part thereof and having the interest of a tenant for a year or from year to year or any greater interest, and no person shall be entitled to question the power of the authority to give the authorisation, or the validity of the authorisation when given, in any proceedings commenced later than the expiration of one month from the date on which the notice was published.

Textual Amendments

F5 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(d)

5 (1) Undertakers proposing to begin the execution of code-regulated works in controlled land shall give to the [F6 street][F6 roads] authority, and, in the case of land in the occupation of a person other than the [F6 street][F6 roads] authority, to him, a notice stating the general nature of the works and their intention to execute them, and shall not begin the execution thereof, except with the consent of the [F6 street][F6 roads] authority and of any other person in occupation of the land, until there have elapsed from the date on which the notice was given—

(a) in the case of any works not being such as are mentioned in head (b) of this sub-paragraph, seven days, or

(b) in the case of works relating only to a service pipe or service line or [F7 overhead telecommunication apparatus], three days:

Provided that the undertakers may begin the execution of any of the works in question which are emergency works before the time when by virtue of the preceding provisions of this sub-paragraph they could lawfully begin them.

(2) If undertakers begin the execution of any works in contravention of the preceding sub-paragaph, they shall in respect of that contravention be liable on summary conviction to a fine not exceeding [F8 level 3 on the standard scale].

Textual Amendments

F6 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(e)

F7 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 29(2), Sch. 5 para. 45

F8 Words substituted (E.W.) (S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

6 (1) In respect of—

(a) any diminution of the value of an interest in controlled land, or in land adjacent thereto and held therewith, by the giving of an authorisation under this Schedule, or

(b) any damage sustained by the owner of such an interest or of things in the controlled land which is caused by the execution lawfully of works therein, or by entry thereon, by virtue of such an authorisation.

the [F9 street][F9 roads] authority giving the authorisation shall pay compensation to the owner of the interest so diminished in value, or to the owner who sustained the damage, as the case may be, any compensation for such diminution being in the form of a lump sum assessed with due regard to the right to compensation for such damage, and where any dispute arises whether compensation is payable under this paragraph, or as to the amount of any such compensation, the dispute shall be determined by the Lands Tribunal [F10 for Scotland].

(2) Undertakers to whom an authorisation is given under this Schedule shall pay to the [F11 street][F11 roads] authority the amount of any compensation which the authority are liable to pay under this paragraph as the [F11 street][F11 roads] authority giving the authorisation, except—

(a) where it has been determined under section five of this Act otherwise than with the agreement of the undertakers that the works in question ought to be executed in the controlled land, or the undertakers have agreed to the execution of the works therein after notification to them of modifications or disapproval of a plan and section of the works as proposed to be executed in the [F12 street][F12 road] on the ground that the works ought to be executed in the controlled land, in so far as the liability of the authority to make the payment is attributable to the giving of an authorisation required for the execution of those works or to the execution thereof or to entry for the purposes thereof; or

(b) in any other case, in so far as it appears t the [F11 street][F11 roads] authority that it is reasonable that the ultimate incidence of the liability for any such compensation should be on them.

Textual Amendments

F9 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(f)(i)

F10 Words added (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(f)(ii)

F11 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(g)

F12 Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(g)

7 (1) Undertakers to whom an authorisation is given under this Schedule shall pay to the [F13 street][F13 roads] authority an amount equal to any amount by which the cost reasonably incurred by the undertakers of executing any works which are executed in controlled land pursuant to the authorisation is less by reason of their being executed therein than it would have been if they had been executed in the [F14 street][F14 road].

For the purposes of this sub-paragraph, any payment made or required to be made by the undertakers to the [F13 street][F13 roads] authority under sub-paragraph (2) of the last preceding paragraph shall be treated as part of the cost reasonably incurred by the undertakers of executing the works in the controlled land.

(2) Where it has been determined under section five of this Act otherwise than with the agreement of the undertakers that works ought to be executed in controlled land, or the undertakers have agreed to the execution of works therein after notification to them of modifications or disapproval of a plan and section of the works as proposed to be executed in the [F14 street][F14 road] on the ground that the works ought to be executed in controlled land, the [F13 street][F13 roads] authority shall pay to the undertakers an amount equal to any amount by which the cost reasonably incurred by the undertakers of the execution of those works is greater by reason of their being executed in that land than it would have been if they had been executed in the [F14 street][F14 road].

(3) Any question arising under this paragraph shall, in default of agreement between the [F13 street][F13 roads] authority and the undertakers, be determined by arbitration.

Textual Amendments

F13 Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(h)

F14 Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(33)(h)