Section 61 Protected streets.C3 C124 C125 C7 C13 C15 C32 C37 C126 C127 C41 C51 C54 C57 C128 C129 C63 C65 C66 C71 C74 C75 C1 C2 C4 C5 C6 C8 C9 C10 C11 C12 C14 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C33 C34 C35 C36 C38 C39 C40 C42 C43 C44 C45 C46 C47 C48 C49 C50 C52 C53 C55 C56 C58 C59 C60 C61 C62 C64 C67 C68 C69 C70 C72 C73 C76 C77 C78 C79 C80 C81 C82 C83 C84 C85 C86 C87 C88 C89 C90 C91 C92 C93 C94 C95 C96 C97 C98 C99 C100 C101 C102 C103 C104 C105 C106 C107 C108 C109 C110 C111 C112 C113 C114 C115

C116 C117 C118 C119 C120 C121(1)

The consent of the street authority is required for the placing of apparatus by an undertaker in a protected street, except as mentioned below.

The following are “protected streets” for this purpose—

(a)

any highway or proposed highway which is a special road in accordance with section 16 of the M1Highways Act 1980, and

(b)

any street designated by the street authority as protected.

(2)

Consent is not required for the placing of apparatus—

(a)

by way of renewal of existing apparatus, or

C122(b)

in pursuance of a street works licence,

unless, in the latter case, the licence was granted before the street became a protected street.

C123(3)

The street authority may require the payment of—

(a)

a reasonable fee in respect of the legal or other expenses incurred in connection with the giving of their consent under this section, and

(b)

an annual fee of a reasonable amount for administering the consent;

and any such fee is recoverable from the undertaker.

This shall not be construed as affecting any right of the authority where they own the land on which the street is situated to grant for such consideration as they think fit the right to place anything in, under or over the land.

(4)

Where the apparatus is to be placed crossing the protected street and not running along it, the street authority shall not withhold their consent unless there are special reasons for doing so.

(5)

Consent to the placing of apparatus in a protected street may be given subject to conditions; and the street authority may agree to contribute to the expenses incurred by the undertaker in complying with the conditions.

(6)

Any dispute between a street authority and an undertaker as to the withholding of consent, the imposition of conditions, or the making of contributions shall be settled by arbitration.

(7)

An undertaker having a statutory duty to afford a supply or service shall not be regarded as in breach of that duty if, or to the extent that, it is not reasonably practicable to afford a supply or service by reason of anything done by the street authority in exercise of their functions under this section.

Annotations

Marginal citations

M1: 1980 c. 66.

Modifications

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S. 61 modified (27.11.1992) by S.I. 1992/2984, art. 7

S. 61: functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para. 1(h)

C2

S. 61 modified (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 20 (with art. 52)

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