Paragraph 4

England, Wales and Scotland

(1)

Except in cases of emergency arising from defects in any pipes or other works, a F1street which—

(a)

does not constitute for the purposes of the M1Highways Act 1980 a highway or part of a highway maintainable at the public expense; and

(b)

is under the control or management of, or maintainable by, any railway authority or navigation authority,

shall not be opened or broken up under paragraph 1 above except with the consent, which shall not be unreasonably withheld, of that authority.

(2)

Any question whether or not consent to the opening or breaking up of such a street is unreasonably withheld shall be determined by a single arbitrator to be appointed by the parties or, in default of agreement, appointed by the Director.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 4(1)(2) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 119(2) (with s. 25(2)); (E.W.) S.I. 1992/2984, art. 2(2), Sch. 2 and (S.) S.I. 1992/2990, art. 2(2), Sch. 2.

Marginal citations

M1: 1980 c. 66.

Notes on Schedule 4

Textual amendments

F1: Sch. 4 Heading: By 2000 c. 27, s. 108, Sch. 6 para. 2(1) it is provided (1.10.2001) that, the words “Gas Transporters” shall be substituted for the words “Public Gas Transporters”;which substitution is bought into force by S.I. 2001/3266, arts. 1(2), 2, Sch. (subject to transitional provisions in arts. 3-20)