# Public Utilities Street Works Act 1950 (repealed 1.1.1993), Paragraph 1

Extent: E+W+S

(1) 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 streetroad 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 overhead telecommunication apparatus being works such as are mentioned in paragraph (b) or (d) of subsection (2) of section three of this Act, the streetroads 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 street being a highway which is not a maintainable highway andprivate road which no person is liable to the public to maintain or repair.
(2) A notice of such an election shall be deemed to have been duly given if the code-regulated works are in a streetroad 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—
(a) 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
(b) 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.
(3) If a notice of such an election is given in relation to reinstatement of a street which is prospectively a maintainable highwayprospective public road both by the streetroads authority and by the streetroad 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 appropriate locallocal roads authority may determine shall have effect to the exclusion of that of any of the others.

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Source: https://www.legislation.gov.uk/ukpga/Geo6/14/39/schedule/THIRD/paragraph/1 (the official version)
Page: https://openlegislation.uk/public-utilities-street-works-act-1950-repealed-111993/schedule-THIRD/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.