C11C1C2C3C4C5C6C7C8C9C22C155C51C28C144C158C62C98C42C131C110C55C85C152C181C167C165C108C135C168C97C64C43C38C146C15C154C46C48C127C39C109C125C116C41C24C129C164C74C100C65C95C149C210C203C18C169C54C105C94C163C171C106C157C56C53C186C117C134C188C180C31C209C182C44C23C175C86C176C201C20C140C143C173C112C93C84C137C21C61C13C81C19C133C83C119C214C150C103C50C75C193C107Part 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)

C167

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

C165

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

C38

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)

C154

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

C157

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)

C21

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

C10C12C121C22C47C155C144C179C80C42C131C33C141C110C32C60C152C181C87C135C114C168C88C38C153C90C25C146C136C15C102C154C122C46C139C48C79C127C142C77C109C37C125C189C116C200C138C41C68C159C183C14C52C59C36C34C40C26C191C57C196C202C195C45C100C215C166C65C210C58C192C118C148C203C178C128C130C204C16C18C35C105C190C111C67C89C106C185C53C124C117C17C188C70C162C205C180C27C132C73C126C212C209C145C44C49C120C211C23C199C184C175C113C72C86C96C208C176C216C201C140C177C147C151C187C207C69C30C84C137C174C213C21C123C71C170C92C61C29C197C13C81C91C161C133C217C119C214C115C101C198C99C78C172C103C66C206C160C194C50C75C104C193C82C76C156C63C107C218C21975C22C155C51C28C144C158C62C98C42C131C110C152C181C135C168C97C38C146C15C154C46C48C127C109C125C116C41C164C100C65C210C203C18C105C106C157C56C53C117C188C180C31C209C44C23C175C86C176C201C140C84C137C21C61C13C81C161C133C83C119C214C150C103C50C75C193C107 Inspection fees.

F11

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).

F11

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).