Paragraph 3 I1

England, Wales and Scotland

(1)

Subject to the following provisions of this paragraph, the powers under article 6 of this Order to break up or open a street shall not be exercisable where the street, not being a highway maintainable at public expense (within the meaning of the Highways Act 1980)—

(a)

is under the control or management of, or is maintainable by, railway or tramway undertakers; or

(b)

forms part of a level crossing belonging to any such undertakers or to any other person;

except with the consent of the undertakers or, as the case may be, of the person to whom the level crossing belongs.

(2)

Sub-paragraph (1) above shall not apply to the carrying out under this Order of emergency works, within the meaning of Part III of the 1991 Act.

(3)

A consent given for the purposes of sub-paragraph (1) above may be made subject to such reasonable conditions as may be specified by the person giving it but shall not be unreasonably withheld.

Annotations

Commencement

I1: Sch. 9 para. 3 in force at 9.11.2001, see art. 1