C10C1C2C3C4C5C6C7C8C9C15C96C35C21C86C98C43C60C30C78C67C38C51C92C114C105C104C64C81C106C59C44C31C26C88C12C95C33C34C75C27C66C73C69C29C17C76C103C49C61C45C57C91C132C130C13C107C37C62C56C102C108C63C97C39C36C118C70C80C119C113C22C131C115C32C16C110C52C111C128C14C83C85C109Part 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)

C105

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

C104

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

C26

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)

C95

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

C97

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)

Charges, fees and contributions payable by undertakers

C53C26C94C55C18C84C50C66C65C120C69C127C47C99C116C11C42C25C23C28C19C122C40C125C129C124C133C132C41C123C71C90C130C112C77C107C37C100C24C62C121C68C46C54C101C20C79C48C93C74C131C87C72C82C16C117C58C83C89C85C126C10974AC96C35C21C86C98C43C60C30C78C59C26C33C34C75C66C69C103C132C130C107C37C62C97C39C22C131C16C110C83C85C109F1Charge 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 F3a 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 F2strategic 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 F4level 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.