Planning and Infrastructure Act 2025
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Change 1
49 Installation of electric vehicle charge points
(1) Section 48 of the New Roads and Street Works Act 1991 (streets, street works and undertakers) is amended as set out in subsections (2) to (5). (2) After subsection (3), insert— (3ZA) In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit— (a) placing apparatus that is a public charge point, or (b) inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point, or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street). (3) In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”. (4) In subsection (4)— (a) for “in relation to street works” substitute — (a) in relation to street works mentioned in subsection (3), ; (b) at the end insert— (b) in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works. (5) In subsection (5)— (a) from “are to” to “licence” substitute (including public charge points) are to the person entitled, by virtue of— (a) a statutory right, (b) a street works licence, or (c) where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit, ; (b) after (3) insert “or (3ZA)”. (6) In section 51 of that Act (prohibition of unauthorised street works), in subsection (3) for “works for” to the end substitute — (a) works for road purposes, (b) emergency works of any description, or (c) street works as described in section 48(3ZA) (works relating to public charge points executed in a street in England in pursuance of a street works permit). (7) In section 105(1) of that Act (minor definitions)— (a) at the appropriate places insert— “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; ; “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004; ; (b) in the definition of “statutory right”, for the words from “a right exercisable” to the end substitute— (a) a right exercisable by virtue of a street works licence, or (b) a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA). (8) In section 106 of that Act (index of defined expressions)— (a) at the appropriate places insert— public charge point | section 105(1) ; street works permit | section 105(1) . (b) in the entry for “street works”, after “48(3)” insert “and (3ZA)”. (9) In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)— (a) in subsection (1), for “(5)” substitute “(6)”; (b) after subsection (5) insert— (6) A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence. (7) In this section— “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.
49 Installation of electric vehicle charge points
(1) Section 48 of the New Roads and Street Works Act 1991 (streets, street works and undertakers) is amended as set out in subsections (2) to (5). (2) After subsection (3), insert— (3ZA) In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit— (a) placing apparatus that is a public charge point, or (b) inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point, or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street). (3) In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”. (4) In subsection (4)— (a) for “in relation to street works” substitute — (a) in relation to street works mentioned in subsection (3), ; (b) at the end insert— (b) in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works. (5) In subsection (5)— (a) from “are to” to “licence” substitute (including public charge points) are to the person entitled, by virtue of— (a) a statutory right, (b) a street works licence, or (c) where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit, ; (b) after (3) insert “or (3ZA)”. (6) In section 51 of that Act (prohibition of unauthorised street works), in subsection (3) for “works for” to the end substitute — (a) works for road purposes, (b) emergency works of any description, or (c) street works as described in section 48(3ZA) (works relating to public charge points executed in a street in England in pursuance of a street works permit). (7) In section 105(1) of that Act (minor definitions)— (a) at the appropriate places insert— “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; ; “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004; ; (b) in the definition of “statutory right”, for the words from “a right exercisable” to the end substitute— (a) a right exercisable by virtue of a street works licence, or (b) a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA). (8) In section 106 of that Act (index of defined expressions)— (a) at the appropriate places insert— public charge point | section 105(1) ; street works permit | section 105(1) . (b) in the entry for “street works”, after “48(3)” insert “and (3ZA)”. (9) In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)— (a) in subsection (1), for “(5)” substitute “(6)”; (b) after subsection (5) insert— (6) A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence. (7) In this section— “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.
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