Section 48 Streets, street works and undertakers.C67 C68 C69 C70 C71 C72 C73 C74 C75 C76 C77 C78 C79 C80 C81 C82 C83

England and Wales

(1)

In this Part a “street” means the whole or any part of any of the following, irrespective of whether it is a thoroughfare—

(a)

any highway, road, lane, footway, alley or passage,

(b)

any square or court, and

(c)

any land laid out as a way whether it is for the time being formed as a way or not.

Where a street passes over a bridge or through a tunnel, references in this Part to the street include that bridge or tunnel.

(2)

The provisions of this Part apply to a street which is not a maintainable highway subject to such exceptions and adaptations as may be prescribed.

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In this Part “street works” means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence—

(a)

placing apparatus, or

(b)

inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it,

or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

F1(3ZA)

In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit—

(a)

placing apparatus that is a public charge point, or

(b)

inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point,

or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).

F2(3A)

For the purposes of subsection (3) F3or (3ZA), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—

(a)

reinstatement of the street, and

(b)

where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.

(4)

In this Part “undertaker” F4—

(a)

in relation to street works mentioned in subsection (3), means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be;

F5(b)

in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works.

(5)

References in this Part to the undertaker in relation to apparatus in a street F6(including public charge points) are to the person entitled, by virtue of—

(a)

a statutory right,

(b)

a street works licence, or

(c)

where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit,

to carry out in relation to the apparatus such works as are mentioned in subsection (3) F7or (3ZA); and references to an undertaker having apparatus in the street, or to the undertaker to whom apparatus belongs, shall be construed accordingly.