(1) An undertaker executing street works shall, subject to the provisions of any scheme under this section, pay to the street authority the prescribed fee in respect of each inspection of the works carried out by the authority.
(2) Different fees may be prescribed according to the nature or extent of the excavation or other works, the place where they are executed and such other factors as appear to the Secretary of State to be relevant.
(3) The Secretary of State may by regulations make a scheme under which undertakers pay the prescribed fee only in respect of such proportion or number of excavations or other works as may be determined in accordance with the scheme.
(4) The scheme may make provision—
(a) as to the periods and areas by reference to which the proportion or number is to be determined, and
(b) as to the intervals at which an account is to be struck between an undertaker and a street authority and any necessary payment or repayment made;
and different provision may be made for different descriptions of undertaker and different descriptions of street authority.
(5) Nothing in this section applies in relation to inspections in respect of which the undertaker is obliged to bear the cost under section 72(2) (inspections consequent on his failure to comply with his duties as to reinstatement).
(1) The Secretary of State may make provision by regulations requiring an undertaker to pay to the street authority the prescribed fee in respect of—
(a) all inspections carried out by the authority of his street works; or
(b) such inspections of those works as may be prescribed.
(2) The regulations may—
(a) require undertakers to make payments in respect of inspections anticipated to take place within a prescribed period; and
(b) make provision for the striking of an account between an undertaker and a street authority and the making of any necessary payment or repayment.
(3) The power to make different provision under this section for different cases includes power—
(a) to make different provision for different descriptions of street authority or different descriptions of undertakers (including descriptions framed by reference to their previous performance);
(b) to prescribe different fees by reference to the nature or extent of the excavation or other works, the place where they are executed and such other factors as appear to the Secretary of State to be relevant.
(4) The reference in subsection (3)(a) to the previous performance of an undertaker is to the performance of the undertaker, during such period as may be prescribed, as respects such description of his duties under this Part as may be prescribed.
(5) The regulations may require disputes of any prescribed description to be determined by arbitration.
(6) Nothing in this section applies to inspections in respect of which the undertaker is obliged to bear the cost, or pay the prescribed fee, under section 72(2) (inspections consequent on failure to comply with duties as to reinstatement).
76 Liability for cost of temporary traffic regulation.
(1) Where by reason of street works—
(a) the traffic authority makes an order or issues a notice under section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic), or
(b) a concessionaire issues a notice under that section by virtue of section 3(4) of this Act,
the authority or concessionaire may recover from the undertaker the whole of the costs incurred by them in connection with or in consequence of the order or notice.
(2) Those costs shall be taken to include, in particular, the cost to the authority or concessionaire—
(a) of complying with any requirement to notify the public of any matter in connection with the making, issuing or operation of the order or notice, and
(b) of providing traffic signs in connection with the prohibition or restriction of traffic by the order or notice.
77 Liability for cost of use of alternative route.
(1) Where by reason of street works the use of a highway is restricted or prohibited and the diverted traffic uses as an alternative route a highway of a lower classification, the undertaker shall indemnify the highway authority for the latter highway in respect of costs reasonably incurred by them—
(a) in strengthening the highway, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or
(b) in making good any damage to the highway occurring in consequence of the use by it of the diverted traffic.
(2) For this purpose the order of classification of highways, from higher to lower, is as follows:
1 | Trunk roads.
2 | Principal roads.
3 | Other classified roads.
4 | Other highways.
As to principal and other classified roads, see sections 12 and 13 of the Highways Act 1980.
78 Contributions to costs of making good long-term damage.
(1) The Secretary of State may make provision by regulations requiring an undertaker executing street works to contribute to the costs incurred or likely to be incurred by the street authority or, in the case of a road subject to a concession within the meaning of Part I of this Act, by the concessionaire, in works of reconstruction or re-surfacing of the street.
(2) The regulations may provide—
(a) for a contribution to the cost of particular remedial works, or
(b) for a general contribution calculated in such manner as may be prescribed.
(3) In the former case the regulations may contain provision for apportioning the liability where the need for the remedial works is attributable to works executed by more than one person.
(4) In the latter case the regulations may provide for the amount of the contribution to vary according to the nature of the street, the description and extent of the works and such other factors as appear to the Secretary of State to be relevant.
(5) The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
79 Records of location of apparatus. Information in relation to apparatus
(1) An undertaker shall, except in such cases as may be prescribed, record the location of every item of apparatus belonging to him as soon as reasonably practicable after—
(a) placing it in the street or altering its position,
(b) locating it in the street in the course of executing any other works, or
(c) being informed of its location under section 80 below,
(c) being informed of its location under section 80(2)(a),
stating the nature of the apparatus and (if known) whether it is for the time being in use.
(1B) An undertaker must, except in such cases as may be prescribed, record in relation to every item of apparatus belonging to the undertaker such other information as may be prescribed as soon as reasonably practicable after—
(a) placing the item in the street or altering its position,
(b) inspecting, maintaining, adjusting, repairing, altering or renewing the item,
(c) locating the item in the street in the course of executing any other works, or
(d) receiving any such information in relation to the item under section 80(2)(a).
(2) The records shall be kept up to date and shall be kept in such form and manner as may be prescribed.
(3) An undertaker shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the street or otherwise appearing to the undertaker to have a sufficient interest.
(3B) Except in such cases as may be prescribed, where an undertaker records information as required by subsection (1) or (1B), or updates such information, the undertaker must, within a prescribed period, enter the recorded or updated information into NUAR.
(3C) Information must be entered into NUAR under subsection (3B) in such form and manner as may be prescribed.
(4) If an undertaker fails to comply with his duties under this section—
(a) he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale; and
(b) he is liable to compensate any person in respect of damage or loss incurred by him in consequence of the failure.
(5) In criminal or civil proceedings arising out of any such failure it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.
(6) An order under section 102 (power to make consequential amendments, repeals, &c.) relating to an enactment or instrument containing provision for the keeping of records of apparatus which appears to the Secretary of State to be superseded by or otherwise inconsistent with the provisions of this section—
(a) shall not be subject to the procedure provided for in Schedule 5, and
(b) may make such transitional and other provision as appears to the Secretary of State appropriate for applying in relation to records compiled under that enactment or instrument the provisions of subsections (2) to (5) above and section 80 below.
(7) In this section “prescribed” means—
(a) in subsections (1) to (2)—
(i) in relation to apparatus in streets in England, prescribed by regulations made by the Secretary of State;
(ii) in relation to apparatus in streets in Wales, prescribed by regulations made by the Secretary of State or the Welsh Ministers;
(b) otherwise, prescribed by regulations made by the Secretary of State.
(8) Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers in relation to any provision that relates to apparatus in streets in Wales.
(9) For the meaning of “NUAR”, see section 106A.
80 Duty to inform undertakers of location of apparatus. Duties to report missing or incorrect information in relation to apparatus.
(1) A person executing works of any description in the street who finds apparatus belonging to an undertaker which is not marked, or is wrongly marked, on the records made available by the undertaker, shall take such steps as are reasonably practicable to inform the undertaker to whom the apparatus belongs of its location and (so far as appears from external inspection) its nature and whether it is in use.
(2) Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall—
(a) if he is an undertaker, note on the records kept by him under section 79(1) (in such manner as may be prescribed) the location of the apparatus he has found and its general description; and
(b) in any other case, inform the street authority of the location and general description of the apparatus he has found.
(3) Subsections (1) and (2) have effect subject to such exceptions as may be prescribed.
(4) A person who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) Subsection (2) applies where a relevant person executing works of any description in a street finds an item of apparatus which does not belong to the person in relation to which prescribed information—
(a) is not entered in NUAR, or
(b) is entered in NUAR but is incorrect.
(2) Except in such cases as may be prescribed, the person must—
(a) take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information, and
(b) if (having taken such steps) the person is unable to inform the undertaker to whom the item belongs of the missing or incorrect information, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item.
(3) A person who fails to comply with subsection (2) commits an offence.
(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) Before making regulations under this section the Secretary of State must obtain the consent of the Welsh Ministers in relation to any provision that relates to apparatus in streets in Wales.
(6) Before making regulations under this section the Secretary of State must consult—
(a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and
(b) such other persons as the Secretary of State considers appropriate.
(7) For the purposes of this section a person executing works in a street is a “relevant person” if the person has, pursuant to regulations under section 106C(1), access to NUAR in relation to the street in question.
(8) For the meaning of “NUAR”, see section 106A.
(1) An undertaker having apparatus in the street shall secure that the apparatus is maintained to the reasonable satisfaction of—
(a) the street authority, as regards the safety and convenience of persons using the street (having regard, in particular, to the needs of people with a disability), the structure of the street and the integrity of apparatus of the authority in the street, and
(b) any other relevant authority, as regards any land, structure or apparatus of theirs;
and he shall afford reasonable facilities to each such authority for ascertaining whether it is so maintained.
(2) For this purpose maintenance means the carrying out of such works as are necessary to keep the apparatus in efficient working condition (including periodic renewal where appropriate); and includes works rendered necessary by other works in the street, other than major highway, bridge or transport works (as to which, see sections 84 and 85 below).
(3) If an undertaker fails to give a relevant authority the facilities required by this section—
(a) the street authority may in such cases as may be prescribed, and
(b) any other relevant authority may in any case,
execute such works as are needed to enable them to inspect the apparatus in question, including any necessary breaking up or opening of the street.
(4) If an undertaker fails to secure that apparatus is maintained to the reasonable satisfaction of a relevant authority in accordance with this section—
(a) the street authority may in such cases as may be prescribed, and
(b) any other relevant authority may in any case,
execute any emergency works needed in consequence of the failure.
(5) The provisions of this Part apply in relation to works executed by a relevant authority under subsection (3) or (4) as if they were executed by the undertaker; and the undertaker shall indemnify the authority in respect of the costs reasonably incurred by them in executing the works.
(6) A relevant authority who execute or propose to execute any works under subsection (3) or (4) shall give notice to any other relevant authority as soon as reasonably practicable stating the general nature of the works.
(7) Nothing in subsection (3) or (4) shall be construed as excluding any other means of securing compliance with the duties imposed by subsection (1).
(1) An undertaker shall compensate—
(a) the street authority or any other relevant authority in respect of any damage or loss suffered by the authority in their capacity as such, and
(b) any other person having apparatus in the street in respect of any expense reasonably incurred in making good damage to that apparatus,
as a result of the execution by the undertaker of street works or any event of a kind mentioned in subsection (2).
(2) The events referred to in subsection (1) are any explosion, ignition, discharge or other event occurring to gas, electricity, water or any other thing required for the purposes of a supply or service afforded by an undertaker which—
(a) at the time of or immediately before the event in question was in apparatus of the undertaker in the street, or
(b) had been in such apparatus before that event and had escaped therefrom in circumstances which contributed to its occurrence.
(3) The liability of an undertaker under this section arises—
(a) whether or not the damage or loss is attributable to negligence on his part or on the part of any person for whom he is responsible, and
(b) notwithstanding that he is acting in pursuance of a statutory duty.
(4) However, his liability under this section does not extend to damage or loss which is attributable to misconduct or negligence on the part of—
(a) the person suffering the damage or loss, or any person for whom he is responsible, or
(b) a third party, that is, a person for whom neither the undertaker nor the person suffering the damage or loss is responsible.
(5) For the purposes of this section the persons for whom a person is responsible are his contractors and any person in his employ or that of his contractors.
(6) Nothing in this section shall be taken as exonerating an undertaker from any liability to which he would otherwise be subject.
83 Works for road purposes likely to affect apparatus in the street.
(1) This section applies to works for road purposes other than major highway works (as to which see section 84 below).
(2) Where works to which this section applies are likely to affect apparatus in the street, the authority executing the works shall take all reasonably practicable steps—
(a) to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and
(b) to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.
(3) An authority who fail to comply with subsection (2) commit an offence in respect of each failure and are liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) In proceedings against an authority for such an offence it is a defence for them to show that the failure was attributable—
(a) to their not knowing the position, or not knowing of the existence, of a person’s apparatus, or
(b) to their not knowing the identity or address of the person to whom any apparatus belongs,
and that their ignorance was not due to any negligence on their part or to any failure to make inquiries which they ought reasonably to have made.
84 Measures necessary where apparatus affected by major works.
(1) Where an undertaker’s apparatus in a street is or may be affected by major highway works, major bridge works or major transport works, the highway, bridge or transport authority concerned and the undertaker shall take such steps as are reasonably required—
(a) to identify any measures needing to be taken in relation to the apparatus in consequence of, or in order to facilitate, the execution of the authority’s works,
(b) to settle a specification of the necessary measures and determine by whom they are to be taken, and
(c) to co-ordinate the taking of those measures and the execution of the authority’s works,
so as to secure the efficient implementation of the necessary work and the avoidance of unnecessary delay.
(2) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the matters mentioned in subsection (1) and the steps to be taken by the authority and the undertaker.
(3) Any dispute between the authority and the undertaker as to any of the matters mentioned in subsection (1) shall, in default of agreement, be settled by arbitration.
(4) If the authority or the undertaker fails to comply with an agreement between them as to any of those matters, or with the decision of the arbitrator under subsection (3), the authority or undertaker shall be liable to compensate the other in respect of any loss or damage resulting from the failure.
(1) Where an undertaker’s apparatus in a street is affected by major highway works, major bridge works or major transport works, the allowable costs of the measures needing to be taken in relation to the apparatus in consequence of the works, or in order to facilitate their execution, shall be borne by the highway, bridge or transport authority concerned and the undertaker in such manner as may be prescribed.
(2) The regulations may make provision as to the costs allowable for this purpose.
Provision may, in particular, be made for disallowing costs of the undertaker—
(a) where the apparatus in question was placed in the street after the authority had given the undertaker the prescribed notice of their intention to execute the works, or
(b) in respect of measures taken to remedy matters for which the authority were not to blame,
and for allowing only such costs of either party as are not recoverable from a third party.
(3) Where the authority have a right to recover from a third party their costs in taking measures in relation to undertaker’s apparatus but in accordance with section 84 it is determined that the measures should be taken by the undertaker, the right of the authority includes a right to recover the undertaker’s costs in taking those measures and they shall account to the undertaker for any sum received.
(4) The regulations shall provide for the allowable costs to be borne by the authority and the undertaker in such proportions as may be prescribed.
Different proportions may be prescribed for different cases or classes of case.
(5) The regulations may require the undertaker to give credit for any financial benefit to him from the betterment or deferment of renewal of the apparatus resulting from the measures taken.
(6) The regulations may make provision as to the time and manner of making any payment required under this section.
86 Highway authorities, highways and related matters.
(1) In this Part—
“highway authority” and “local highway authority” have the same meaning as in the Highways Act 1980; and
“maintainable highway” means a highway which for the purposes of that Act is maintainable at the public expense.
(1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
(2) In this Part “works for road purposes” means works of any of the following descriptions executed in relation to a highway—
(a) works for the maintenance of the highway,
(b) any works under powers conferred by Part V of the Highways Act 1980 (improvement),
(c) the erection, maintenance, alteration or removal of traffic signs on or near the highway, or
(d) the construction of a crossing for vehicles across a footway or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles,
or works of any corresponding description executed in relation to a street which is not a highway.
(3) In this Part “major highway works” means works of any of the following descriptions executed by the highway authority in relation to a highway which consists of or includes a carriageway—
(a) reconstruction or widening of the highway,
(b) works carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts),
(c) substantial alteration of the level of the highway,
(d) provision, alteration of the position or width, or substantial alteration in the level of a carriageway, footway or cycle track in the highway,
(e) the construction or removal of a road hump within the meaning of section 90F of the Highways Act 1980,
(f) works carried out in exercise of the powers conferred by section 184 of the Highways Act 1980 (vehicle crossings over footways and verges),
(g) provision of a cattle-grid in the highway or works ancillary thereto, or
(h) tunnelling or boring under the highway.
(4) Works executed under section 184(9) of the Highways Act 1980 by a person other than the highway authority shall also be treated for the purposes of this Part as major highway works; and in relation to such works the references in sections 84 and 85 to the highway authority shall be construed as references to him.
(1) Where a local highway authority are satisfied that a street in their area (whether a highway or not) is likely to become a maintainable highway, they may make a declaration to that effect.
(2) The declaration shall be a local land charge.
(3) The provisions of this Part apply to a street in respect of which such a declaration has been made and registered as a local land charge as they apply to a maintainable highway.
(4) In relation to street works in such a street, the street authority—
(a) shall secure the performance by undertakers of their duties under this Part, and shall exercise their powers under this Part, in such manner as is reasonably required for the protection of the street managers; and
(b) shall comply with any reasonable request as to securing performance of those duties, or as to the exercise of those powers, which may be made by the street managers.
88 Bridges, bridge authorities and related matters.
(1) In this Part—
(a) references to a bridge include so much of any street as gives access to the bridge and any embankment, retaining wall or other work or substance supporting or protecting that part of the street; and
(b) “bridge authority” means the authority, body or person in whom a bridge is vested.
(2) In this Part “major bridge works” means works for the replacement, reconstruction or substantial alteration of a bridge.
(3) Where a street is carried or crossed by a bridge, any statutory right to place apparatus in the street includes the right to place apparatus in, and attach apparatus to, the structure of the bridge; and other rights to execute works in relation to the apparatus extend accordingly.
References in this Part to apparatus in the street include apparatus so placed or attached.
(4) An undertaker proposing to execute street works affecting the structure of a bridge shall consult the bridge authority before giving notice under section 55 (notice of starting date) , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), in relation to the works.
(5) An undertaker executing such works shall take all reasonably practicable steps—
(a) to give the bridge authority reasonable facilities for monitoring the execution of the works, and
(b) to comply with any requirement made by them which is reasonably necessary for the protection of the bridge or for securing access to it.
(6) An undertaker who fails to comply with subsection (4) or (5) commits an offence in respect of each failure and is liable on summary conviction—
(a) in the case of an offence consisting of a failure to take all reasonably practicable steps to comply with subsection (5)(a), to a fine not exceeding level 4 on the standard scale; and
(b) in any other case, to a fine not exceeding level 5 on that scale.
(7) Subsections (4) to (6) do not apply to works in relation to which Schedule 4 applies (works in streets with special engineering difficulties).
89 Public sewers, sewer authorities and related matters.
(1) In this Part—
(a) “sewer” and “public sewer” have the same meaning as in the Water Industry Act 1991, and
(b) “sewer authority”, in relation to a public sewer, means the sewerage undertaker within the meaning of that Act in whom the sewer is vested.
(2) An undertaker proposing to execute street works affecting a public sewer shall consult the sewer authority before giving notice under section 55 (notice of starting date) , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), in relation to the works.
(3) References in this Part to apparatus include a sewer, drain or tunnel.
(4) References to the undertaker in relation to such apparatus, or in relation to street works in connection with such apparatus, shall be construed—
(a) in the case of a public sewer, as references to the sewer authority, and
(b) in any other case, as references to the authority, body or person having the management or control of the sewer, drain or tunnel.
(5) Section 69 (provisions as to works likely to affect other apparatus in the street) does not apply by virtue of subsection (3) above in relation to works likely to affect a public sewer if, or to the extent that, Schedule 4 (works in streets with special engineering difficulties) applies.
90 Provisions as to reinstatement of sewers, drains or tunnels.
(1) The duties of an undertaker under this Part with respect to reinstatement of the street extend, in the case of street works which involve breaking up or opening a sewer, drain or tunnel, to the reinstatement of the sewer, drain or tunnel.
(2) The responsible authority may by notice require an undertaker who has failed to comply with his duties under this Part with respect to reinstatement to carry out the necessary remedial works within such period of not less than 7 working days as may be specified in the notice.
If he fails to comply with the notice, the authority may carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.
(3) If it appears to the responsible authority that a failure by an undertaker to comply with his duties under this Part as to reinstatement is causing danger to users of the street, the authority may carry out the necessary works without first giving notice and may recover from him the costs reasonably incurred by them in doing so.
They shall, however, give notice to him as soon as reasonably practicable stating their reasons for taking immediate action.
(4) The responsible authority for the purposes of this section is—
(a) in the case of a public sewer, the sewer authority, and
(b) in the case of any other sewer, drain or tunnel, the authority, body or person having the management or control of it.
91 Transport authorities, transport undertakings and related matters.
(1) In this Part—
(a) “transport authority” means the authority, body or person having the control or management of a transport undertaking; and
(b) “transport undertaking” means a railway, tramway, dock, harbour, pier, canal or inland navigation undertaking of which the activities, or some of the activities, are carried on under statutory authority.
(2) In this Part “major transport works” means substantial works required for the purposes of a transport undertaking and executed in property held or used for the purposes of the undertaking.
(3) References in this Part to a street which crosses or is crossed by property held or used for the purposes of a transport undertaking extend to cases in which the street and the property in question are at different levels.
But the transport authority shall not be treated as a relevant authority as regards undertakers’ works in such a street where the property in question consists only of—
(a) subsoil of the street which is held by the transport authority but is not used, and has not been adapted for use, for the purposes of the transport undertaking, or
(b) property underground at such a depth that there is no reasonable possibility of the works affecting it.
(4) The provisions of this Part relating to a street which crosses or is crossed by property held or used for the purposes of a transport undertaking apply to a street which is or forms part of a towing-path or other way running along a canal or inland navigation, provided the path or way is held or used, or the subsoil of it is held, for the purposes of the canal or inland navigation undertaking.
92 Special precautions as to displaying of lights.
(1) An undertaker executing street works in a street which crosses, or is crossed by, or is in the vicinity of, a railway, tramway, dock, harbour, pier, canal or inland navigation, shall comply with any reasonable requirements imposed by the transport authority concerned with respect to the displaying of lights so as to avoid any risk of their—
(a) being mistaken for any signal light or other light used for controlling, directing or securing the safety of traffic thereon, or
(b) being a hindrance to the ready interpretation of any such signal or other light.
(2) An undertaker who fails to comply with any such requirement commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) In proceedings for such an offence it is a defence for the undertaker to show that all reasonable care was taken by him, and by his contractors and by persons in his employ or that of his contractors, to secure that no such failure occurred.
(1) This section applies to street works at a crossing of a railway on the level or which affect a tramway.
In this section “the relevant transport authority” means the authority having the management of the railway or tramway undertaking concerned.
(2) An undertaker proposing to begin to execute works to which this section applies shall give the prescribed notice to the relevant transport authority notwithstanding that such notice is not required under section 55 (notice of starting date).
The provisions of subsections (2) to (9) of that section (contents of notice, when works may be begun, &c.) apply in relation to the notice required by this subsection as in relation to a notice under subsection (1) of that section.
(3) An undertaker executing works to which this section applies shall comply with any reasonable requirements made by the relevant transport authority—
(a) for securing the safety of persons employed in connection with the works, or
(b) for securing that interference with traffic on the railway or tramway caused by the execution of the works is reduced so far as is practicable;
and, except where submission of a plan and section is required, he shall defer beginning the works for such further period as the relevant transport authority may reasonably request as needed for formulating their requirements under this subsection or making their traffic arrangements.
(4) Nothing in subsection (2) or (3) affects the right of an undertaker to execute emergency works.
(5) An undertaker executing emergency works shall give notice to the relevant transport authority as soon as reasonably practicable of his intention or, as the case may be, of his having begun to do so notwithstanding that such notice is not required by section 57 (notice of emergency works).
The provisions of subsections (3) and (4) of that section (contents of notice and penalty for failure to give notice) apply in relation to the notice required by this subsection as in relation to a notice under subsection (2) of that section.
94 Power of street authority or district council to undertake street works.
(1) A street authority or district council may enter into an agreement with an undertaker for the execution by the authority or council on behalf of the undertaker of any street works.
(1A) In subsection (1), the reference to a district council, is to be read, in relation to Wales, as a reference to a county council or a county borough council.
(2) The agreement may contain such terms as to payment and otherwise as the parties consider appropriate.
(3) Nothing in this section shall be construed as derogating from any powers exercisable by the authority or council apart from this section.
(4) This section shall cease to have effect upon such day as the Secretary of State may appoint by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Any provision of this Part imposing criminal liability in respect of any matter is without prejudice to any civil liability in respect of the same matter.
(2) Where a failure to comply with a duty imposed by this Part is continued after conviction, the person in default commits a further offence.
95A Fixed penalties for certain offences under this Part
(1) Any offence under this Part relating to any street works which is listed in the first column of Schedule 4A (and described in general terms in the second column) is a fixed penalty offence for the purposes of this Part.
(2) Offences listed in that Schedule which are committed by virtue of section 166 (offences by bodies corporate and Scottish partnerships) are not fixed penalty offences.
(3) The Secretary of State may by order modify that Schedule so as to provide for offences under this Part relating to any street works to become (or cease to be) fixed penalty offences.
(4) Such an order may not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(5) Schedule 4B (which makes provision about fixed penalties for fixed penalty offences) has effect.
(1) Any provision of this Part enabling an authority, body or person to recover the costs or expenses of taking any action shall be taken to include the relevant administrative expenses of that authority, body or person including an appropriate sum in respect of general staff costs and overheads.
The Secretary of State may prescribe the basis on which such amounts are to be calculated; and different provision may be made for different cases or descriptions of case.
(2) Where a right to payment enuring for the benefit of a person is conferred in respect of the same matter—
(a) both under this Part and under any enactment or agreement passed or made before the commencement of this Part, or
(b) by two or more provisions of this Part,
a payment made in discharge of any of those rights shall be treated as being made in or towards satisfaction of the other or others.
(3) Where under any provision of this Part a person is entitled in certain circumstances to recover costs or expenses incurred by him in executing works or taking other steps, any dispute as to the existence of those circumstances or as to the amount recoverable shall be determined by arbitration.
This applies whether the provision is expressed as conferring a right to recover, or as imposing a liability to reimburse or indemnify or to bear the cost, but does not apply in relation to a provision expressed as providing for the charging of a fee or conferring a right to compensation or in relation to section 78 (contributions to cost of making good long-term damage to the street).
(1) Notices required or authorised to be given for the purposes of this Part shall be given in the prescribed form.
(2) The Secretary of State may make provision by regulations as to the manner of service of notices and other documents required or authorised to be served for the purposes of this Part.
(1) In reckoning for the purposes of this Part a period expressed as a period from or before a given date, that date shall be excluded.
(2) For the purposes of this Part a working day means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday; and a notice given after 4.30 p.m. on a working day shall be treated as given on the next working day.
(3) In subsection (2) a “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the locality in which the street in question is situated.
Any matter which under this Part is to be settled by arbitration shall be referred to a single arbitrator appointed by agreement between the parties concerned or, in default of agreement, by the President of the Institution of Civil Engineers.
100 Agreements inconsistent with the provisions of this Part.
(1) An agreement which purports to make provision regulating the execution of street works is of no effect to the extent that it is inconsistent with the provisions of this Part.
(2) This does not affect an agreement for the waiver or variation of a right conferred on a relevant authority by any of the provisions of this Part which is made after the right has accrued and is not inconsistent with the future operation of those provisions.
101 Effect of this Part on certain existing special enactments or instruments.
(1) Any special enactment passed or made before the commencement of this Part which makes or authorises the making of provision regulating the execution of street works in a manner inconsistent with the provisions of this Part shall cease to have effect; and unless a contrary intention appears no enactment passed or made after the commencement of this Part shall be construed as making or authorising the making of any such provision.
This subsection does not apply to any provision as to the obtaining of consent for the execution of the works or for any other purpose.
(2) Any special enactment passed or made before the commencement of this Part which requires the consent of a relevant authority (in its capacity as such) to the execution of street works shall cease to have effect, except as mentioned below; and unless a contrary intention appears no special enactment passed or made after the commencement of this Part shall be construed as requiring such consent.
This subsection does not apply to a consent requirement so far as it relates to—
(a) works above the surface of the highway, or
(b) works outside the limits of supply of an undertaker in relation to whom such limits are imposed.
(3) A provision made by way of condition imposed on the giving of a consent for the execution of street works is of no effect in so far as it would have been so by virtue of section 100 if it had been made by an agreement.
(4) If it appears to the Secretary of State—
(a) that by the operation of subsection (1) a person has been or will be deprived of some protection afforded by a special enactment and that corresponding protection is in all the circumstances required, or
(b) that a requirement of consent imposed by a special enactment should be saved from the operation of subsection (2), either as regards all works to which the requirement extends or as regards any description of such works, or
(c) that conditions of any descriptions should be rendered valid notwithstanding subsection (3), or
(d) that uncertainty or obscurity has resulted or is likely to result from the operation on a special enactment of the general provisions of subsection (1), (2) or (3),
he may by order make such provision as he considers appropriate for affording such protection, saving the requirement, rendering the conditions valid or modifying the special enactment, as the case may be.
(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedule 5 have effect with respect to the procedure for making such an order.
(6) The provisions of this section apply in relation to an instrument having effect under or by virtue of an enactment as in relation to an enactment; and references to a special enactment shall be construed accordingly.
102 Effect of this Part on other existing enactments or instruments.
(1) The Secretary of State may by order make such provision amending, repealing, or preserving the effect of, any enactment passed or made before the commencement of this Part (not being a special enactment to which section 101(1), (2) or (3) applies) as appears to him appropriate in consequence of the provisions of this Part.
(2) Subject to any order under this section and (in the case of a public general Act) to any express amendment made by this Act, any such enactment which proceeds by reference to any provision of the Public Utilities Street Works Act 1950, or any other provision repealed by this Act in consequence of this Part, shall continue to have effect as if the provision referred to had not been repealed.
(3) An order under this section may, in particular, make provision in relation to—
(a) enactments providing for the keeping of records of apparatus, and
(b) enactments providing for the giving of notice of proposed street works.
(4) An order under this section may contain such transitional provisions and savings as appear to the Secretary of State to be appropriate.
(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Except as mentioned in section 79(6), the provisions of Schedule 5 have effect with respect to the making of an order under this section in relation to a special enactment.
(7) The provisions of this section apply in relation to an instrument having effect under or by virtue of an enactment as in relation to an enactment; and references to a special enactment shall be construed accordingly.
(1) The following provisions apply with respect to land (not forming part of a street) in which immediately before the commencement of this Part there is apparatus placed by virtue of Schedule 1 to the Public Utilities Street Works Act 1950 (authorisation of works in certain land abutting the highway).
(2) If any person having a sufficient interest in the land gives notice to the undertaker that he objects to the continuance of the powers and rights over the land given by that Schedule, those powers and rights shall cease to have effect at the end of the period of six months from the date on which the notice was given.
For this purpose a person has a sufficient interest in the land if he is an owner, lessee or occupier of the land having an interest greater than that of tenant for a year or from year to year.
(3) The street authority shall indemnify the undertaker in respect of the costs reasonably incurred by him in or in connection with—
(a) the removal of apparatus rendered necessary by the cessation of his powers and rights under this section, and
(b) the execution of any works, or taking of any other measures, rendered necessary for the purposes of the supply or service for which the apparatus was used.
(4) Where the land becomes part of the street after the commencement of this Part, any consent which would have been required for the placing of the apparatus in the street had it been placed there immediately after the land in question became part of the street shall be deemed to have been given unconditionally.
(5) Subject to any exercise of the right conferred by subsection (2), the rights and powers of the undertaker under Schedule 1 to the Public Utilities Street Works Act 1950 continue unaffected by the repeal of that Act.
104 Meaning of “prescribed” and regulations generally.
(1) In this Part , except in section 79, “prescribed” means prescribed by the Secretary of State by regulations , which may (unless the context otherwise requires) make different provision for different cases.
(1A) Regulations under this Part may make—
(a) different provision for different cases;
(b) supplementary or incidental provision.
(2) Regulations made by the Secretary of State under this Part shall be made by statutory instrument which, unless provision to the contrary is made, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2A) Regulations made by the Welsh Ministers under section 79 are to be made by statutory instrument and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru.
(3) Regulations under this Part may provide for references in the regulations to any specified document to operate as references to that document as revised or re-issued from time to time.
(1) In this Part—
“apparatus” includes any structure for the lodging therein of apparatus or for gaining access to apparatus;
“carriageway” and “footway” have the same meaning as in the Highways Act 1980;
“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
“in”, in a context referring to works, apparatus or other property in a street or other place includes a reference to works, apparatus or other property under, over, across, along or upon it;
“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;
“railway” includes a light railway other than one in the nature of a tramway (see the definition of “tramway” below);
“reinstatement” includes making good;
“special enactment” means an enactment which is not a public general enactment, and includes—
any Act for confirming a provisional order,
any provision of a public general Act in relation to the passing of which any of the Standing Orders of the House of Lords or the House of Commons relating to Private Business applied, and
any enactment to the extent that it is incorporated or applied for the purposes of a special enactment;
“statutory right” means a right (whether expressed as a right, a power or otherwise) conferred by an enactment (whenever passed or made), other than
a right exercisable by virtue of a street works licence, or
a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).
“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;
“traffic” includes pedestrians and animals;
“traffic authority” and “traffic sign” have the same meaning as in the Road Traffic Regulation Act 1984;
“tramway” means a system, mainly or exclusively for the carriage of passengers, using vehicles guided, or powered by energy transmitted, by rails or other fixed apparatus installed exclusively or mainly in a street.
(2) A right to execute works which extends both to a street and to other land is included in references in this Part to a right to execute works in a street in so far as it extends to the street.
(3) A right to execute works which extends to part of the street but not the whole is included in references in this Part to a right to execute works in a street; and in relation to such a right references in this Part to the street in which it is exercisable shall be construed as references to the part to which the right extends.
(4) For the purposes of this Part apparatus shall be regarded as affected by works if the effect of the works is to prevent or restrict access to the apparatus (for example, by laying other apparatus above or adjacent to it).
(5) Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define “disability” and other expressions) applies in relation to the provisions of this Part as to the provisions of that Act.
The expressions listed below are defined or otherwise fall to be construed for the purposes of this Part in accordance with the provisions indicated—
affected by (in relation to apparatus and works) | section 105(4)
apparatus | sections 89(3) and 105(1)
arbitration | section 99
bridge | section 88(1)(a)
bridge authority | section 88(1)(b)
carriageway | section 105(1)
costs | section 96
disability | (see section 105(5))
emergency works | section 52
enactment | section 105(1)
expenses | section 96
fixed penalty offence | section 95A(1)
footway | section 105(1)
highway authority | section 86(1)
in (in a context referring to works, apparatus or other property in a street) | section 105(1)
licensee (in relation to a street works licence) | section 50(3)
local highway authority | section 86(1)
maintainable highway | section 86(1)
major bridge works | section 88(2)
major highway works | section 86(3)
major transport works | section 91(2)
notice | section 97
prescribed | section 104
public charge point | section 105(1)
public sewer | section 89(1)(a)
railway | section 105(1)
reinstatement | section 105(1) (and see sections 70(5) and 90(1))
relevant authority (in relation to street works) | section 49(6) (and see section 91(3))
sewer | section 89(1)(a)
sewer authority | section 89(1)(b)
special enactment | section 105(1)
statutory right | section 105(1)
strategic highways company | section 86(1A)
street | section 48(1)
street authority | section 49(1)
street managers | section 49(4)
street works | section 48(3) and (3ZA) (and see section 105(2) and (3))
street works licence | section 50(1)
street works permit | section 105(1)
traffic | section 105(1)
traffic authority | section 105(1)
traffic sign | section 105(1)
tramway | section 105(1)
transport authority | section 91(1)(a)
transport undertaking | section 91(1)(b)
undertaker (in relation to street works or apparatus) | sections 48(4) and(5) and 89(4)
working day | section 98(2)
works for road purposes | section 86(2).
(1) The Secretary of State must keep a register of information relating to apparatus in streets in England and Wales.
(2) The register is to be known as the National Underground Asset Register (and is referred to in this Act as “NUAR”).
(3) NUAR must be kept in such form and manner as may be prescribed.
(4) The Secretary of State must make arrangements so as to enable any person who is required, by a provision of this Act, to enter information into NUAR to have access to NUAR for that purpose.
(5) Regulations under subsection (3) are subject to the negative procedure.
(6) The obligations of the Secretary of State under subsection (1) and under Article 45A(1) of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (keeping of register of information relating to apparatus in streets in Northern Ireland) may be discharged by the keeping of a single register in relation to England, Wales and Northern Ireland.
(1) Before the end of the initial upload period an undertaker having apparatus in a street must enter into NUAR—
(a) all information that is included in the undertaker’s records under section 79(1) on the archive upload date, and
(b) any other information of a prescribed description that is held by the undertaker on that date.
(2) The duty under subsection (1) does not apply in such cases as may be prescribed.
(3) Information must be entered into NUAR under subsection (1) in such form and manner as may be prescribed.
(4) An undertaker who fails to comply with a duty placed on the undertaker under this section—
(a) commits an offence, and
(b) is liable to compensate any person in respect of damage or loss incurred by the person in consequence of the failure.
(5) A person who commits an offence under subsection (4)(a) is liable on summary conviction to a fine.
(6) In criminal or civil proceedings against an undertaker arising out of a failure to comply with a duty under this section, it is a defence for the undertaker to show that all reasonable care was taken to secure that no such failure occurred by—
(a) the undertaker and the undertaker’s employees, and
(b) any contractor of the undertaker and the contractor’s employees.
(7) Section 95 applies in relation to an offence under this section as it applies in relation to an offence under Part 3.
(8) For the purposes of subsection (1) the Secretary of State must by regulations—
(a) specify a date as “the archive upload date”, and
(b) specify a period beginning with that date as the “initial upload period”.
(9) Regulations under this section are subject to the negative procedure.
(1) The Secretary of State may by regulations make provision for or in connection with making information kept in NUAR available.
(2) The regulations may (among other things)—
(a) make provision about which information, or descriptions of information, may be made available;
(b) make provision about the descriptions of person to whom information may be made available;
(c) make provision for information to be made available subject to exceptions;
(d) make provision requiring or authorising the Secretary of State to adapt, modify or obscure information before making it available;
(e) make provision authorising all information kept in NUAR to be made available to prescribed descriptions of person under prescribed conditions;
(f) make provision about the purposes for which information may be made available;
(g) make provision about the form and manner in which information may be made available;
(h) make provision for or in connection with the granting of licences by the Secretary of State in relation to any non-Crown IP rights that may exist in relation to information made available (including provision about the form of a licence and the terms and conditions of a licence);
(i) make provision for information to be made available for free or for a fee;
(j) make provision about the amounts of the fees, including provision for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged;
(k) make provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of this Act, to enter information into NUAR.
(3) Except as otherwise prescribed and subject to section 106I, processing of information by the Secretary of State in exercise of functions conferred by or under section 106A or this section does not breach—
(a) an obligation of confidence owed by the Secretary of State, or
(b) any other restriction on the processing of information (however imposed).
(4) Regulations under this section are subject to the affirmative procedure.
(5) In this section—
“database right” has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);
“non-Crown IP right” means any copyright, database right or other intellectual property right which is not owned by the Crown.
(1) The Secretary of State must produce guidance for persons described in subsection (2) about how to protect information kept in, or obtained from, NUAR.
(2) The persons are persons who, pursuant to regulations made under section 106C, are able to access information kept in NUAR.
(3) The Secretary of State may revise or replace the guidance.
(4) The Secretary of State must publish the guidance (and any revised or replacement guidance) in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons described in subsection (2).
(5) The same guidance may discharge the obligations of the Secretary of State under this section and under Article 45D of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)).
106E Fees payable by undertakers in relation to NUAR
(1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to pay fees to the Secretary of State for or in connection with the exercise by the Secretary of State of any function conferred by or under this Part.
(2) The regulations may—
(a) specify the amounts of the fees, or the maximum amounts of the fees, or
(b) provide for the amounts of the fees, or the maximum amounts of the fees, to be determined in accordance with the regulations.
(3) In making the regulations the Secretary of State must seek to secure that, so far as possible and taking one year with another, combined NUAR income matches combined NUAR expenses.
(4) Except where the regulations specify the amounts of the fees—
(a) the amounts of the fees must be specified by the Secretary of State in a statement, and
(b) the Secretary of State must—
(i) publish the statement, and
(ii) lay it before Parliament.
(5) Regulations under subsection (1) may make provision about—
(a) when a fee is to be paid;
(b) the manner in which a fee is to be paid;
(c) the payment of discounted fees;
(d) exceptions to requirements to pay fees;
(e) the refund of all or part of a fee which has been paid.
(6) Before making regulations under subsection (1), the Secretary of State must consult—
(a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and
(b) such other persons as the Secretary of State considers appropriate.
(7) Subject to the following provisions of this section regulations under subsection (1) are subject to the affirmative procedure.
(8) Regulations under subsection (1) that only make provision of a kind mentioned in subsection (2) are subject to the negative procedure.
(9) But the first regulations under subsection (1) that make provision of a kind mentioned in subsection (2) are subject to the affirmative procedure.
(10) In this section—
“combined NUAR expenses” means the sum of—
expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under this Part (including expenses not directly connected with the keeping of NUAR), and
expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under Articles 45A to 45I of, and Schedule 2ZA to, the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (including expenses not directly connected with the keeping of the register kept under Article 45A(1) of that Order);
“combined NUAR income” means the sum of—
income received by the Secretary of State from fees payable under regulations under subsection (1), and
income received by the Secretary of State from fees payable under regulations under Article 45E(1) of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)).
106F Providing information for purposes of regulations under section 106E
(1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes—
(a) assisting the Secretary of State in determining the provision that it is appropriate for regulations under section 106E(1) or a statement under section 106E(4) to make;
(b) assisting the Secretary of State in determining whether it is appropriate to make changes to such provision.
(2) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes—
(a) ascertaining whether a fee is payable by a person under regulations under section 106E(1);
(b) working out the amount of a fee payable by a person.
(3) Regulations under subsection (1) or (2) may require an undertaker to notify the Secretary of State of any changes to information previously provided under the regulations.
(4) Regulations under subsection (1) or (2) may make provision about—
(a) when information is to be provided (which may be at prescribed intervals);
(b) the form and manner in which information is to be provided;
(c) exceptions to requirements to provide information.
(5) Regulations under subsection (1) or (2) are subject to the negative procedure.
Schedule 5A makes provision about the imposition of penalties in connection with requirements imposed by regulations under sections 106E(1) and 106F(1) and (2).