Paragraph 1
England, Wales and Scotland
In any case in which undertakers are under obligation by virtue of subsection (2) of section seven of this Act to reinstate and make good a F1streetroad or controlled land after the completion of any code-regulated works involving breaking up or opening thereof, other than works relating to a service pipe or service line or an F2overhead telecommunication apparatus being works such as are mentioned in paragraph (b) or (d) of subsection (2) of section three of this Act, the F3streetroads authority or streetroad managers may, by notice given to the undertakers as mentioned in the next succeeding sub-paragraph, elect to do the permanent reinstatement and making good of the streetroad or controlled land or of any part thereof at upper levels:
Provided that the provisions of this Schedule shall not apply to a F4street being a highway which is not a maintainable highway andprivate road which no person is liable to the public to maintain or repair.
A notice of such an election shall be deemed to have been duly given if the code-regulated works are in a F5streetroad or controlled land as to which the authority or managers had given to the undertakers notice of their desire that the provisions of this Schedule should have effect in the case of all code-regulated works executed by the undertakers therein or in the case of all such works of a class specified in the notice within which the works in question fall.
In any other case, a notice of such an election shall be given without any avoidable delay on the part of the authority or managers after they know of the intention of the undertakers to execute the code-regulated works, and—
where those works are executed after settlement of a plan and section thereof under section four of this Act if the works are in a streetroad or under section five thereof if they are in controlled land, notice given after the expiration of eight days from the date on which the plan and section were settled shall not be effective; and
where they are not, notice given after the undertakers have begun reinstatement or making good of any part of the streetroad or controlled land shall not be effective as to that part thereof.
If a notice of such an election is given in relation to reinstatement of a F6street which is prospectively a maintainable highwayprospective public road both by the F7streetroads authority and by the F8streetroad managers, the election of the authority shall have effect to the exclusion of that of the managers, and, if in relation to reinstatement of a streetroad as to which two or more bodies or persons are streetroad managers notice of such an election is given by two or more of them, the election of such of them as the F9appropriate locallocal roads authority may determine shall have effect to the exclusion of that of any of the others.
Annotations
Textual amendments
- F1
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(a)(i)
- F2
Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 29(2), Sch. 5 para. 45
- F3
Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(a)(i)
- F4
Words “private road” substituted (S.) for words “street being a highway which is not a maintainable highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(a)(ii)
- F5
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(b)
- F6
Words “prospective public road” substituted (S.) for words “street which is prospectively a maintainable highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(c)(i)
- F7
Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(c)(ii)
- F8
Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(c)(ii)
- F9
Words “local roads” substituted (S.) for words “appropriate local” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(35)(c)(iii)
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.
- F2
Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984, art. 2(2), Sch.2; (S.) S.I. 1992/2990, art. 2(2), Sch.2.