Section 2 Parties to proceedings under the street works code.

England, Wales and Scotland

(1)

References in the street works code to an authority or managers concerned are, so far as regards works executed or proposed to be executed in a F1streetroad, to the following, that is to say—

F2 X1(a)

the street authority if the street in question is a maintainable highway or is prospectively a maintainable highway, or the street managers if it is not;

(b)

if the works include the breaking up or opening of a public sewer in the street, the sewer authority;

(a)

the roads authority if the road is, or is prospectively, a public road, or the road managers if it is not;

(b)

if the works include the breaking up or opening in the road, of a sewer vested in a local authority, that authority;

(c)

if the F3streetroad is carried by or goes under a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport undertaking, the transport authority; and

(d)

if the F4streetroad, not being a public road, is carried by or goes under a bridge not vested as aforesaid, the bridge authority or managers.

(2)

References in the street works code to an authority or managers concerned are, so far as regards works executed or proposed to be executed in controlled land, to the following, that is to say—

F5 X2(a)

the street authority for the street on which that land abuts; and

(b)

if the works include the breaking up or opening of a public sewer in that land, the sewer authority.

(a)

the roads authority for the road on which that land abuts; and

(b)

if the works include the breaking up or opening in that land, of a sewer vested in a local authority, that authority.

(3)

The said references do not include, either as regards works in a F6streetroad or as regards works in controlled land, references to authorities, bodies or persons concerned as mentioned in paragraph (a) of subsection (1) of section one of this Act as having the control or management of sewers, drains or tunnels therein not being F7public sewerssewers vested in a local authority, but the provisions of section thirteen of this Act shall have effect for their protection.

F8 X3(4)

In this Act the expression “street authority” (used in relation to a street that is a maintainable highway or is prospectively a maintainable highway, and in relation to controlled land abutting on such a street) means—

(a)

where the street is a maintainable highway, the highway authority; or

(b)

where the street is prospectively a maintainable highway, the F9appropriate local authoritylocal highway authority.

(4)

In this Act the expression “roads authority” used in relation to—

(a)

a public road or prospective public road, has the same meaning as in the Roads (Scotland) Act 1984;

(b)

controlled land, means the roads authority for the road on which that land abuts.

(5)

In this Act the expression F10“street managers” (used in relation to a street that is not a maintainable highway“road managers” (used in relation to a road that is not a public road) means—

(a)

if there is an authority, body or person liable to the public to maintain or repair the F11streetroad, that authority, body or person; or

(b)

if there is no authority, body or person so liable, any authority, body or person having the management or control of the streetroad.

(6)

Any reference in this Act to an authority or managers concerned includes a reference to an authority, body or person being such an authority or managers by virtue of functions exercised by them or him on behalf of the Crown.

Annotations

Textual amendments

F1: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(a)(i)
F2: S. 2(1)(a)(b) commencing “the street authority” substituted (S.) for s. 2(1)(a)(b) commencing “the roads authority” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(a)(ii)
F3: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(a)(iii)
F4: Words “road, not being a public road,” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(a)(iv)
F5: S. 2(2)(a)(b) commencing “the roads authority” substituted (S.) for s. 2(2)(a)(b) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(b)
F6: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(c)(i)
F7: Words “sewers vested in a local authority” substituted (S.) for words “public sewers” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(c)(ii)
F8: S. 2(4) commencing “In this Act the expression “roads authority”” substituted (S.) for s. 2(4) commencing “In this Act the expression “roads authority”” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(d)
F9: Words “local highway authority” substituted (E.W.) for words “appropriate local authority” by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 21 para. 98(2)
F10: Words “road managers” (used in relation to a road that is not a public road) substituted (S.) for words “street managers” (used in relation to a street that is not a maintainable highway) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(e)(a)
F11: Word “road” substituted (S.) for word “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(e)(b)

Editorial notes

X1: S. 2(1)(a)(b) commencing “the street authority” substituted (S.) for s. 2(1) commencing “the roads authority” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(a)(ii)
X2: S. 2(2)(a)(b) commencing “the roads authority” substituted (S.) for s. 2(2)(a)(b) by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(b)
X3: S. 2(4) commencing “In this Act the expression “roads authority”” substituted (S.) for s. 2(4) commencing “In this Act the expression “roads authority”” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 39(3)(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.

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).