Paragraph 2

England, Wales and Scotland

(1)

In case of such an election as aforesaid, the following provisions of this Schedule shall have effect as to so much of the F1streetroad or controlled land as the election extends to.

(2)

In the said provisions, in relation to a streetroad or controlled land that has been opened or broken up—

“interim restoration” means all such works as are requisite for securing that it does not remain open or broken up for any longer time than is reasonably necessary, and that its state during the period before it is permanently reinstated and made good at surface level is not such as to be likely to cause danger;
“permanent reinstatement and making good” means any works of reinstatement and making good executed on any occasion otherwise than with a view to their being superseded by further works to be executed shortly thereafter; and
“surface level” means what was the surface level before the opening or breaking up.

Annotations

Textual amendments

F1: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 50, SIF 108), Sch. 9 para. 39(35)(d)

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F1: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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F2: Act repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with savings in ss. 103(5), 161(2), 162(5)); (E.W.) S.I. 1992/2984,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.