C13C1C2C3C4C5C6C7C8C9C38C386C111C52C358C392C143C232C86C316C270C124C202C378C441C417C414C266C324C418C231C145C87C78C364C25C383C96C105C308C83C269C304C283C85C44C311C411C181C237C150C227C371C525C507C31C419C121C259C224C408C421C262C390C129C116C453C284C321C458C440C61C524C445C89C40C426C205C432C501C34C342C348C423C272C223C201C328C36C140C17C193C33C318C198C291C538C372C249C107C182C478C263C552C555Part III Street works in England and Wales

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 (ss. 48-106) applied (6.11.2000) by 2000 c. 26, s. 95, Sch. 6 para. 1(3); S.I. 2000/2957, art. 2(1), Sch. 1

Pt. 3 (ss. 48-106) modified (29.3.2001) by S.I. 2001/1348, art. 21(2)

Pt. 3 (ss. 48-106) amended (24.7.2001) by S.I. 2001/3627, art. 4(1)

C2

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 71-84, 162-172, 219(1), 223(2), Sch. 6 para. 6(3)(a).

C3

Definition in Pt. 3 (ss. 48-106) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 221(1), 225(2), Sch. 22 para. 3(2).

C4

Pt. 3 excluded (16.3.1992) by Avon Weir Act 1992 (c. v), s. 6(3) (with s. 61(1))

C5

Pt. 3 modified (1.1.1993) by Pipelines Act 1962 (c. 58), s. 16(1) (as substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(1), Sch. 8 Pt. 3 para. 101(3); S.I. 1992/2984, art. 2(2), Sch.2)

Pt. 3 modified (27.7.1993) by 1993 c. xv, s. 4(1)

Pt. 3 (ss. 48-106) excluded (27.7.1993) by 1993 c. xv, s. 4(2)

C6

Pt. 3 applied (with modifications) (21.7.1994) by 1994 c. xv, s. 4(1)

Pt. 3 applied (21.7.1994) by 1994 c. xv, s. 45(5)(a)

Pt. 3 excluded (21.7.1994) by 1994 c. xv, s. 21(2)

Pt. 3 restricted (21.7.1994) by 1994 c. xv, s. 4(2)

C7

Pt. 3 excluded (18.12.1996) by 1996 c. 61, s. 52, Sch. 15 para. 1(3)

Pt. 3 modified (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 8

C8

Pt. 3 extended (28.7.1998) by 1998 c. iv, s. 3

C9

Pt. 3 applied (27.8.1998) by S.I. 1998/1936, arts. 1, 41, Sch. 10 paras. 2(8), 3(2)

Pt. 3 modified (13.1.1999) by S.I. 1998/3269, art. 4(1)

C417

Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8

C414

Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)

C78

Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)

C383

Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C390

Pt. 3 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C36

Pt. 3 modified (6.6.2022) by The M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573), arts. 1, 10(1)(2) (with arts. 5, 36) (as amended (7.2.2024) by S.I. 2024/129, art. 1, Sch.)

Charges, fees and contributions payable by undertakers

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1

The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay a charge to the highway authority where—

a

the duration of the works exceeds such period as may be prescribed, and

b

the works are not completed within a reasonable period.

2

For this purpose “a reasonable period” means such period as is agreed by the authority and the undertaker to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable, for completion of the works in question.

In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

F12A

The regulations may prescribe exemptions from the requirement to pay charges.

3

The regulations may provide that if an undertaker has reason to believe that the duration of works will exceed the prescribed period he F2shall give to the authority, in such manner as may be prescribed, notice containing an estimate of their likely duration—

a

in the case of works in connection with the initial placing of apparatus in the street in pursuance of a street works licence, together with his application for the licence,

b

in the case of other works (not being emergency works), together with his notice under section 55 (notice of starting date) F12or notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), or

c

in the case of emergency works, as soon as reasonably practicable after the works are begun,

and that the period stated in an estimate F3contained in a notice given to an authority in such manner shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

4

The regulations may also provide that if it appears to the undertaker that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—

a

is likely to exceed the prescribed period,

b

is likely to exceed the period stated in his previous estimate, or

c

is likely to exceed the period previously agreed or determined to be a reasonable period,

he F4shall give to the authority, in such manner as may be prescribed, notice containing an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

5

The amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the highway is affected by the works.

Different rates of charge may be prescribed according to the place and time at which the works are executed and such other factors as appear to the Secretary of State to be relevant.

F55A

The regulations may—

a

prescribe more than one rate of charge in respect of the same description of works, and

b

provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.

5B

The regulations may make provision for the determination of the duration of works for the purposes of the regulations.

5C

And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.

6

The regulations may make provision as to the time and manner of making payment of any charge.

7

The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a F6charge -

a

in any particular case,

b

in such classes of case as they may decide or as may be prescribed, or

c

in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.

F77A

The regulations may make provision as to—

a

the application by F11strategic highways companies or local highway authorities of sums paid by way of charges, and

b

the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.

7B

The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding F14level 4 on the standard scale.

8

The first regulations for the purposes of 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.

C211C78C381C215C45C346C187C269C267C460C283C500C160C393C446C20C135C76C70C84C48C469C133C488C504C487C539C525C134C474C286C368C507C435C314C419C121C404C72C259C467C271C159C212C406C51C317C178C379C307C524C361C294C330C40C447C230C342C367C348C497C423C457C520C282C222C140C545C291C538C280C496C189C422C249C517C484C107C478C197C389C547C54874AC386C111C52C358C392C143C232C86C316C231C78C96C105C308C269C283C411C525C507C419C121C259C390C129C61C524C40C426C342C348C423C328C36C140C198C291C538C372C249C107C478F8Charge determined by reference to duration of works.

1

The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay to the highway authority a charge determined, in the prescribed manner, by reference to the duration of the works.

2

The regulations shall not require charges to be paid to F13a strategic highways company or a local highway authority unless the Secretary of State has approved it for the purposes of the regulations by order made by statutory instrument.

3

The regulations may prescribe exemptions from the requirement to pay charges.

4

The regulations may prescribe different rates of charge according to—

a

the extent to which the surface of the highway is affected by the works,

b

the place and time at which the works are executed, and

c

such other factors as appear to the Secretary of State to be relevant.

5

The regulations may—

a

prescribe more than one rate of charge in respect of the same description of works, and

b

provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.

6

The regulations may make provision for the determination of the duration of works for the purposes of the regulations.

7

And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.

8

The regulations may make provision as to the time and manner of making payment of charges.

9

The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge—

a

in any particular case,

b

in such classes of case as they may decide or as may be prescribed, or

c

in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.

10

The regulations may make provision as to—

a

the application by F10strategic highways companies or local highway authorities of sums paid by way of charges, and

b

the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.

11

The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding F16level 4 on the standard scale.

12

The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.

13

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.

F9C211C78C381C215C45C346C187C269C460C283C500C160C393C446C20C135C76C70C84C48C469C133C488C504C487C539C525C134C474C286C368C507C435C314C72C259C467C271C159C212C406C51C317C178C307C524C361C294C40C447C230C342C367C457C520C168C222C140C545C291C538C280C496C189C422C249C517C484C107C478C197C389C547C54874BC386C111C52C358C392C143C232C86C316C231C78C96C105C308C269C283C411C525C507C259C390C129C61C524C40C426C342C328C36C140C198C291C538C372C249C107C478 Regulations under sections 74 and 74A.

Nothing shall be taken to prevent the imposition of charges by both regulations under sections 74 and regulations under section 74A in respect of the execution of the same works at the same time.

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F151

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).

F151

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).

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1

Where by reason of street works—

a

the traffic authority makes an order or issues a notice under section 14 of the M1Road 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.

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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 M2Highways Act 1980.

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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.