Article 6 Interference with roads and footpaths

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 6(6) words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 1 para. 13(3)(a)
art. 6(6) words substituted by Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) 2017 Sch. 1 para. 13(3)(b)

(1)

The operators may for the purposes of constructing the railway enter upon, open, break up, alter and interfere with so much of the road known as the Aylsham bypass and any of the roads and footpaths described in Schedule 2 to this Order as lie within the limits of deviation shown on the deposited plans.

(2)

During and for the purpose of the construction of the railway, the operators may temporarily stop up and divert and interfere with any road or footpath and may for any reasonable time divert the traffic therefrom and prevent all persons other than those bona fide going to or from any land, house or building abutting on the road or footpath from passing along and using the same.

(3)

The operators shall provide reasonable access for persons on foot bona fide going to or from any such land, house or building.

(4)

The operators shall not exercise the powers of this section without the consent of the highway authority but such consent shall not be unreasonably withheld and any question as to whether such consent has been unreasonably withheld shall be determined by arbitration.

(5)

The operators shall not exercise the powers of this article with respect to any road unless they have given not less than 21 days' previous notice in writing of their intention so to do to–

(a)

the traffic commissioners in whose area the road is situate; and

(b)

the operator over that road of a local service as defined in the Transport Act1985^f1;

except in case of emergency when such notice as is practicable shall be given.

(6)

The exercise by the operators of the powers of this section in relation to any road or footpath shall not prejudice or affect the right of telecommunication operators to maintain, inspect, repair, renew or remove telecommunications apparatus or break open that road or footpath for any of those purposes.

Annotations

Footnotes

f1: 1985 c. 67.