# New Roads and Street Works Act 1991, Paragraph 5: Effect of direction imposing restriction

Extent: E+W

(1) Where a direction under paragraph 4 is in force, an undertaker may not during the period specified in the direction execute street works in the part of the highway to which the restriction relates.
(2) Sub-paragraph (1) does not apply—
(a) where an undertaker executes emergency works;
(b) where an undertaker executes works with the consent of the street authority; or
(c) in such other cases as may be prescribed.
(3) The consent of the street authority under sub-paragraph (2)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled in such manner as may be prescribed.
(4) Regulations under sub-paragraph (3) may in particular make provision for the question referred to in that sub-paragraph to be settled—
(a) by arbitration;
(b) by a person specified by the Secretary of State on appeal by the undertaker.
(5) An undertaker who contravenes sub-paragraph (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) An undertaker convicted of an offence under sub-paragraph (5) is liable to reimburse the street authority any costs reasonably incurred by them in reinstating the highway.

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Source: https://www.legislation.gov.uk/ukpga/1991/22/schedule/3A/paragraph/5 (the official version)
Page: https://openlegislation.uk/new-roads-and-street-works-act-1991/schedule-3A/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.