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The New Roads and Street Works Act 1991 (Commencement No. 5 and Transitional Provisions and Savings) Order 1992

S.I. 1992/2984 · Made 27 November 1992

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HIGHWAYS, ENGLAND AND WALES

Made 27th November 1992

The Secretary of State for Transport, in exercise of the powers conferred by section 170 of the New Roads and Street Works Act 1991f1 and of all other enabling powers hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1991 c. 22.

Contents

  1. Part I: GENERAL
  2. 1Citation and interpretation
  3. 2Commencement of certain provisions of the 1991 Act
  4. Part II: TRANSITIONAL PROVISIONS AND SAVINGS
  5. 3Advance notice of certain works
  6. 4Notice of starting date of works
  7. 5Notice of emergency works
  8. 6Restrictions on works following substantial road works
  9. 7Protected streets
  10. 8Works likely to affect other apparatus in the street
  11. 9Duty of undertaker to reinstate
  12. 10Measures necessary where apparatus affected by major works
  13. 11Reinstatement affected by subsequent works
  14. 12Savings
  15. 13Savings
  16. 14Savings
  17. 15Savings
  18. Signature
  19. Schedule 1Provisions of the 1991 Act which come into force on 28th November 1992.
  20. Schedule 2Provisions of the 1991 Act which come into force on 1st January 1993.
  21. Schedule 3Provisions of the 1991 Act which come into force on 1st April 1993.
  22. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No. 5 and Transitional Provisions and Savings) Order 1992.

(2)

In this Order:—

  • “the 1950 Act” means the Public Utilities and Street Works Act 1950f1;

  • “the 1980 Act” means the Highways Act 1980f2;

  • “the 1991 Act” means the New Roads and Street Works Act 1991;

  • “special road authority” has the same meaning as in section 16(4) of the 1980 Act;

  • “special road” has the same meaning as in the 1980 Act;

  • “statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works.

2Commencement of certain provisions of the 1991 Act

(1)

The provisions of the 1991 Act specified in the first column of Schedule 1 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 28th November 1992.

(2)

The provisions of the 1991 Act specified in the first column of Schedule 2 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st January 1993.

(3)

The provisions of the 1991 Act specified in the first column of Schedule 3 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st April 1993.

3Advance notice of certain works

(1)

An undertaker who has submitted a plan and section of works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have given an advance notice of works for the purposes of section 54 of the 1991 Act.

(2)

An undertaker who has submitted a plan and section of the works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have settled a plan and section of the works for the purposes of Schedule 4 to the 1991 Act.

4Notice of starting date of works

An undertaker who has given a notice under section 6(1)f1 of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of starting date of works for the purposes of section 55 of the 1991 Act.

5Notice of emergency works

An undertaker who has given a notice relating to the execution of emergency works under section 6(5) of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of emergency works as required by section 57 of the 1991 Act and the works executed in reliance on such a notice shall be deemed to be emergency works for the purposes of section 57 notwithstanding any of the provisions of section 52 of the 1991 Act.

6Restrictions on works following substantial road works

A street authority shall not restrict the execution of street works in a highway by notice under section 58 of the 1991 Act during the twelve months following the completion of substantial road works in any case where the highway authority has on or before 31st December 1992 granted consent to an undertaker to break up or open that highway pursuant to section 156(5) of the 1980 Act.

7Protected streets

Where a special road authority (within the meaning of section 16(4) of the 1980 Act) has on or before 31st December 1992 granted to a statutory undertaker consent to lay down or erect apparatus in any land comprised in the route of a special road, the consent of the street authority under section 61 of the 1991 Act for placing that apparatus in a protected street shall not be required.

8Works likely to affect other apparatus in the street

The provisions of section 69 of the 1991 Act shall not apply to any street works which are in hand on 1st January 1993 or in respect of which any action required under section 26f1 of the 1950 Act has been taken before that date.

9Duty of undertaker to reinstate

An undertaker shall not be subject to the provisions of section 70 of the 1991 Act if—

(a)

the street authority has elected to execute permanent reinstatement in accordance with the provisions of the Third Schedulef1 to the 1950 Act and the undertaker is treated for the purposes of paragraph 5(2) of the said Schedule as having completed his works and such of the permanent reinstatement and making good as by virtue of the 1950 Act he is obliged to execute, provided however that an authority electing to exercise permanent reinstatement as aforesaid may not recover the cost of reinstatement from an undertaker unless the reinstatement has been completed on or before 31st December 1993 and an account has been rendered to the undertaker on or before 31st March 1994; or

(b)

the undertaker has begun permanent reinstatement on or before 31st December 1992; or

(c)

the street authority and the undertaker have agreed on or before 31st December 1992 that the street authority should execute permanent reinstatement and the reinstatement is executed in accordance with that agreement.

10Measures necessary where apparatus affected by major works

The provisions of sections 84(1), (3) and (4) and 85 of the 1991 Act shall not apply in any case where, on or before 31st December 1992, a highway, bridge or transport authority has given to an undertaker a notice of intention to execute works in accordance with paragraph 2(1) of Part I of the Fourth Schedule to the 1950 Act and has accepted that undertaker’s notice given under paragraph 3 of that Schedule as a specification of works and measures necessary to protect the undertaker’s apparatus.

11Reinstatement affected by subsequent works

Subsections (5) to (8) of section 73 of the 1991 Act shall apply to reinstatements carried out in accordance with section 7 of and the Third Schedule to the 1950 Act.

12Savings

Notwithstanding the repeal of the 1950 Act by section 168(2) of and Schedule 9 to the 1991 Act, sections 7, 8, 9 and 10f1 and the Third Schedule to the 1950 Act shall continue to apply to permanent reinstatements begun by an undertaker on or before 31st December 1992 and to permanent reinstatements carried out by a street authority in the circumstances set out in article 9(a) of this Order.

13Savings

Section 10(1) and 12(4) of the 1950 Act shall continue to apply to street works executed by a transport authority or a sewer authority which were begun on or before 31st December 1992.

14Savings

Section 16 of the 1950 Act shall continue in force in relation to agreements to which that section applies which are made on or before 31st December 1992.

15Savings

Section 8 of the 1950 Act shall continue in force until 31st March 1993 in relation to street works whether or not they were begun before 1st January 1993.

Signature

Signed by authority of the Secretary of State for Transport

Kenneth Carlisle

Parliamentary Under Secretary of State,

Department of Transport

27th November 1992

Schedule 1Provisions of the 1991 Act which come into force on 28th November 1992.

Section 53(1), (2) and (3)The street works register and Regulations in relation thereto
Section 55 (for the purpose of making regulations)Notice of starting date of works
Section 57Notice of emergency works
Section 58Restriction on works following substantial road works

Schedule 2Provisions of the 1991 Act which come into force on 1st January 1993.

Section 50Street works licences
Section 51Prohibition of unauthorised street works
Section 55 (for all purposes other than the making of regulations)Notice of starting date of works
Section 59(1), (2), (4), (5) and (6)General duty of street authority to co-ordinate works
Section 60 (1) and (3)General duty of undertakers to co-operate
Section 61Protected streets
Section 66Avoidance of unnecessary delay or obstruction
Section 68Facilities to be afforded to street authority
Section 69Works likely to affect other apparatus in the street
Section 70(1), (2), (3), (5), (6) and (7)Duty of undertaker to reinstate
Section 72Powers of street authority in relation to reinstatement
Section 73Reinstatement affected by subsequent works
Section 74Charge for occupation of the highway where works unreasonably prolonged
Section 76Liability for cost of temporary traffic regulation
Section 77Liability for cost of use of alternative route
Section 78Contributions to costs of making good longterm damage
Section 81(1), (2), (5), (6) and (7)Duty to maintain apparatus
Section 82Liability for damage or loss caused
Section 83Works for road purposes likely to affect apparatus in the street
Section 84(1), (3) and (4)Measures necessary where apparatus affected by major works
Section 88Bridges, bridge authorities and related matters
Section 89Public sewers, sewer authorities and related matters
Section 90Provisions as to reinstatement of sewers, drains or tunnels
Section 91Transport authorities, transport undertakings and related matters
Section 92Special precautions as to displaying of lights
Section 93Works affecting level crossings or tramways
Section 94Power of street authority or district council to undertake street works
Section 95Offences
Section 96Recovery of costs or expenses
Section 100Agreements inconsistent with Part III of the 1991 Act
Section 101Effect of Part III of the 1991 Act on certain existing special enactments or instruments
Section 102Effect of Part III of the 1991 Act on other existing enactments or instruments
Section 103Former controlled land
Section 168 in so far as it relates to the provisions of Schedules 8 and 9 of the 1991 Act referred to in this ScheduleMinor and consequential amendments and repeals
Schedule 3Street works licences
Schedule 5Procedure for making certain orders under Part III of the 1991 Act
Schedule 8 in so far as it relates to England and Wales and has not already been commencedMinor and consequential amendments
Schedule 9 in so far as it relates to England and Wales and has not already been commencedRepeals

Schedule 3Provisions of the 1991 Act which come into force on 1st April 1993.

Provisions of that ActSubject Matter
Section 65(1), (2), (4), (5) and (6)Safety measures

Explanatory note

(This note is not part of the Order)

Article 2(1) brings into force on 28th November 1992 those provisions of the New Roads and Street Works Act 1991 (“the 1991 Act”) which are specified in Schedule 1. Article 2(2) brings into force on 1st January 1993 those provisions of the 1991 Act specified in Schedule 2 and article 2(3) brings into force on 1st April 1993 those provisions of the 1991 Act specified in Schedule 3.

The remaining articles of the Order make transitional provisions and keep in force for limited purposes certain provisions of the Public Utilities Street Works Act 1950, which is repealed by section 168 of and Schedule 9 to the 1991 Act as from 1st January 1993.