Part I The Street Works Code
The street works code
5 Procedure as to plans and sections, etc.: provisions as to works in controlled land.
(1)
Where a plan and section submitted under subsection (1) of section three of this Act are of works proposed to be executed in a F1street which is a maintainable highway or is prospectively a maintainable highway, the streetF1road which is a public road or prospective public road, the roads authority (but not any other authority or managers concerned) may disapprove the plan and section on the ground that the works ought to be executed in controlled land abutting on the F2streetF2road, or they may approve the plan and section subject to modifications excluding some of the works on the ground that they ought to be executed in such land:
Provided that the F2streetF2roads authority shall not so disapprove or require modifications unless they are satisfied that they will be in a position, by exercising powers in that behalf vested in them by virtue of the First Schedule to this Act or otherwise, to confer on the undertakers the right to execute the works in question in the controlled land and all the like rights in relation to apparatus the placing whereof is to be comprised in the works as the undertakers would have if it were placed in the F2streetF2road, and to render those rights exercisable from not later than the expiration of the period of twenty-two days mentioned in subsection (4) of this section.
(2)
On a reference to an F3arbitratorF3arbiter under subsection (4) of the last preceding section relating to such works as aforesaid as to which the F3streetF3roads authority have disapproved the plan and section, or have approved them subject to modifications, on the ground that those works ought to be executed in controlled land (whether or not the reference relates to those works only or the disapproval or requiring of modifications was on that ground only), the F3arbitratorF3arbiter shall determine whether or not all those works or any of them ought to be executed in the controlled land.
(3)
Where either—
(a)
(b)
those works shall, subject to the provisions of the next succeeding subsection, be excluded from the power of the undertakers to execute works in the F5streetF5road, and a plan and section of those works as to be executed in the controlled land shall be settled in the proceedings before the F4arbitratorF4arbiter who so determines, or, in a case in which the undertakers agree to the execution of the works in the controlled land, shall be settled as may be agreed between the undertakers and the F5streetF5roads authority and any sewer authority concerned, or, in default of agreement, by an F4arbitratorF4arbiter acting on a reference of the matter to arbitration by the undertakers.
(4)
In the circumstances mentioned in the last preceding subsection, if at the expiration of twenty-two days from the date on which the plan and section of the works as to be executed in the controlled land are settled any of the rights mentioned in subsection (1) of this section has, as respects any of the works to which the determination or agreement extends, not been rendered exercisable by the undertakers,—
(a)
the exclusion from the power of the undertakers to execute works in the F6streetF6road provided for by the last preceding subsection shall thereupon cease as to all those works, and they may be executed in the F6streetF6road in accordance with the plan and section thereof settled under subsection (4) of the last preceding section, or, if the plan and section thereof originally submitted fell within paragraph (i) of the proviso to that subsection, in accordance with that plan and section (with any modifications thereof agreed by the undertakers);
(b)
the F7streetF7roads authority shall pay to the undertakers the amount of any cost reasonably incurred by the undertakers of executing any of those works in the controlled land, at any time after the authority had purported to authorise the execution thereof in that land and before the failure to render the right or rights in question exercisable was ascertained, in so far as it is rendered abortive by the failure, and of any cost reasonably incurred by them of or in connection with removal of apparatus rendered necessary thereby; and
(c)
any such removal or works in connection therewith may, notwithstanding anything in section three of this Act, be executed without submission or settlement of a plan and section therof.
(5)
Where undertakers desire to execute in controlled land otherwise than in the circumstances mentioned in subsection (3) of this section works as to which the settlement of a plan and section is requisite by virtue of section three of this Act, the mode of settlement thereof shall be as mentioned in that subsection as to a case in which undertakers agree to the execution of works in controlled land.