Section 17 Exclusion or restriction of requirements of consent as to certain code-regulated works.

England, Wales and Scotland

(1)

Undertakers may, without obtaining any consent to which this subsection applies, execute in a F1maintainable highwaypublic road any code-regulated works which they would be entitled to execute therein with that consent, other than—

(a)

works above the surface level of the F2highwayroad; and

(b)

in the case of undertakers in relation to whom limits of supply are prescribed, works outside their limits of supply.

This subsection applies to any consent of any of the following authorities, bodies and persons which apart from this subsection they or he would have been entitled in the following capacity to require the undertakers to obtain, that is to say any consent—

(i)

of the F3highwayroads authority as such or

(ii)

of any transport authority, or any bridge authority or managers, who are an authority or managers concerned within the meaning of the street works code, in the capacity which renders them an authority or managers so concerned,

except a consent under F4section 20 or section 22 of the M1Highways Act 1980F5section 133 or 135 of the M2Roads (Scotland) Act 1984, and except that, as regards a consent as to which an order under paragraph 3 of the Sixth Schedule to this Act has effect, this subsection shall have effect subject to the provisions of the order.

(2)

All enactments passed or made before the passing of this Act which require the obtaining of consents which the preceding subsection renders not requisite, whether being public general enactments or special enactments, shall cease to have effect in so far as they so require, and no enactment passed after the passing of this Act shall be construed as requiring the obtaining of any such consent unless the contrary intention appears therein, and accordingly—

(a)

the provisions specified in the Fifth Schedule to this Act as being consequential on this section (being provisions for the express modification of public general enactments therein specified in accordance with the preceding general provisions of this subsection) shall have effect as regards code-regulated works, so however that the said provisions of that Schedule shall not apply for the purposes of the operation of any of those enactments as incorporated or applied in or by a special enactment with any modification; and

(b)

paragraph 1 of the Sixth Schedule to this Act shall have effect as to making provision for the express modification, in accordance with the preceding general provisions of this subsection, of special enactments and of public general enactments for the purposes of their operation as incorporated or applied as aforesaid.

(3)

Subject to any order under paragraph 4 of the Sixth Schedule to this Act, a provision made by way of condition imposed on the giving of a consent for the execution of code-regulated works shall be of no effect in so far as it would have been so by virtue of the last preceding section or of section twenty-five of this Act if it had been made by an agreement.

(4)

The fact that a F6streetroads authority have given, as to works proposed to be executed in a F7streetroad, a consent requisite on the basis of their being executed in the streetroad shall not prejudice the right conferred on the authority by subsection (1) of section five of this Act (as to disapproving or modifying a plan and section on the ground that works ought to be executed in controlled land).

(5)

A consent obtained for the purposes of F8section 37 of the Electricity Act 1989, to the placing of an electric line of which a plan and section have been the subject of a declaration by an F9arbitratorarbiter under subsection (7) of section four of this Act shall be deemed to extend to the placing of any such line of which another plan and section are submitted in exercise of the right in that behalf reserved to the undertakers by that subsection.

Annotations

Textual amendments

F1: Words “public road” substituted (S.) for words “maintainable highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(a)(i)
F2: Word “road” substituted (S.) for word “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(a)(ii)
F3: Word “roads” substituted (S.) for word “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(a)(iii)
F4: Words substituted (E.W.) by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)
F5: Words “section 133 or 135 of the Roads (Scotland) Act 1984” substituted (S.) for words “section four or section six of the Special Roads Act 1949” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(a)(iv)
F6: Word “roads” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(b)
F7: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(b)
F8: Words substituted by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 7, Sch. 17 paras. 33, 35(1)
F9: Word “arbiter” substituted (S.) for word “arbitrator” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(16)(c)

Marginal citations

M1: 1980 c. 66(59).
M2: 1984 c. 54(108).

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.

Notes on Part I

Modifications

C1: Pt. I (ss. 1-20) excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3).