Part X E+W HIGHWAYS

22 Control of construction under streets. E+W

(1)The following paragraph shall be substituted for the first paragraph of subsection (1) of section 179 of the Highways Act 1980 (by virtue of which no person may construct a vault, arch or cellar under any street in Greater London or the carriageway of any street outside Greater London without the consent of the appropriate authority)—

“No person shall construct works to which this section applies under any part of a street without the consent of the appropriaet authority, and the authority may by notice served on a person who has constructed such works in contravention of this section require him to remove them, or to alter or deal with them in such a manner as may be specified in the notice.”.

(2)The words “wotks to which this section applies” shall be substituted for the words “ a vault, arch or cellar ” where occurring in subsections (3) and (4) of that section.

(3)The following subsections shall be substituted for subsection (5) of that section—

“(5)As soon as may be after an authority consent to the construction of works to which this section applies under a street they shall give notice of their consent to any public utility undertakers having any apparatus under the street.

(6)Subject to subsection (7) below, the works to which this section applies are—

(a)any part of a building ; and

(b)without prejudice to the generality of paragraph (a) above, a vault, arch or cellar, whether forming part of a building or not.

(7)This section does not apply to code-regulated works, as defined in section 1(5) of the Public Utilities Street Works Act 1950.”.