New Roads and Street Works Act 1991

(121A) (1) The Secretary of State is the traffic authority— (a) for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, and (b) for every road in Scotland for which he is the roads authority within the meaning of the Roads (Scotland) Act 1984. (2) In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City for which the Secretary of State is not the traffic authority. (3) In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State is not the traffic authority. (4) In Scotland, the regional or islands council are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority. (5) In this Act “local traffic authority” means a traffic authority other than the Secretary of State.

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71

In section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities), in subsection (1) for “the highway” or, in Scotland, “the road” substitute “ the highway or, in Scotland, the road ”.

72

In section 124(2) of the Road Traffic Regulation Act 1984 (orders exercisable by statutory instrument), omit the reference to section 30.

73

In section 125(3) of the Road Traffic Regulation Act 1984 (exercise of powers in relation to boundary roads), omit the reference to section 30(1).

74

In section 130 of the Road Traffic Regulation Act 1984 (application of Act to Crown), in subsection (2)(a) for “76 to 91” substitute “ 76 to 90 ”.

75

• (1) Section 131 of the Road Traffic Regulation Act 1984 (application of road traffic enactments to Crown roads) is amended as follows.

• (2) In subsection (2)(a) (twice), and in subsection (2)(b), for “highway authority” or, in Scotland, “roads authority” substitute “ local traffic authority ”.

• (3) In subsection (7)(b) for “a highway” or, in Scotland, “a public road” substitute “ a highway or, in Scotland, a public road ”.

76

• (1) Section 132 of the Road Traffic Regulation Act 1984 (special provisions as to certain Crown roads) is amended as follows.

• (2) In subsection (5)—

• (a) for “the local authority concerned” substitute “ the traffic authority ”;

• (b) for “the local authority may” substitute “ the traffic authority may ”; and

• (c) for the words from “and any other power” to “as respects the Crown road” substitute “ and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road ”.

• (3) Omit subsection (6) (definition of “local authority concerned”).

77

In section 134(2) of the Road Traffic Regulation Act 1984 (regulations excepted from obligation to consult), for “82(1),” substitute “ 82(1)(b), ”.

78

• (1) Section 142(1) of the Road Traffic Regulation Act 1984 (general interpretation provisions) is amended as follows.

• (2) Omit the definitions of “highway authority”, “local highway authority”, “local roads authority” and “roads authority”.

• (3) At the appropriate place insert—

“off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;

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• (4) For the definition of “road” substitute—

“road”— (a) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and (b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

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• (5) For the definition of “special road” substitute—

“special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;

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• (6) At the appropriate place insert—

“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;

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79

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80

• (1) Schedule 9 to the Road Traffic Regulation Act 1984 (special provisions as to certain orders) is amended as follows.

• (2) In paragraph 13(1) (orders requiring consent of Secretary of State), in paragraph (b) for “a trunk road”substitute “ a road for which the Secretary of State is the traffic authority ”.

• (3) In paragraph 20(1) (consultation before orders are made), omit the reference to section 30.

• (4) In paragraphs 21 and 23(1)(a) (procedure regulations), omit the words “other than section 30 of this Act”.

• (5) In paragraph 24(b) (procedure regulations for certain orders) for “trunk roads” substitute “ roads for which he is the traffic authority ”.

• (6) In paragraph 25 (power to make different provision in each case and as to posting notices)—

• (a) for the word “highway authority”or, in Scotland, “roads authority”substitute “ traffic authority ”, and

• (b) for the word “highway”n the two other places where it appears substitute the word “ road ”

• (7) In paragraph 27(1) (variation or revocation of orders), omit the reference to section 30.

Part III — Amendments of the Roads (Scotland) Act 1984

81

In section 35(2)(a) of the Roads (Scotland) Act 1984 (provision of lighting by roads authorities) for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

82

In section 39(4) of the Roads (Scotland) Act 1984 (status of road humps)—

• (a) for the words from “Part II” to “those roads)” substitute “ section 117 of the New Roads and Street Works Act 1991 (restricting road works following substantial works for roads purposes) ”,

• (b) for the words “section 21(1)(a) of that Act” substitute “ subsection (3) of that section ”, and

• (c) for the word “Part” substitute “ section ”.

83

In section 56(3) of the Roads (Scotland) Act 1984 (control of works and excavations) for the words from “street works code” to “applies” substitute “ provisions of Part IV of the New Roads and Street Works Act 1991 apply ”.

84

In section 57(5) of the Roads (Scotland) Act 1984 (dangerous works) for the words from “street works code” to “applies” substitute “ provisions of Part IV of the New Roads and Street Works Act 1991 apply ”.

85

In section 59(6) of the Roads (Scotland) Act 1984 (control of obstructions in roads) for the words from “street works code” to “applies” substitute “ provisions of Part IV of the New Roads and Street Works Act 1991 apply ”.

86

In section 60 of the Roads (Scotland) Act 1984 (fencing and lighting of obstructions and excavations)—

• (a) in subsection (1), omit the words from “section 8” to “or to”;

• (b) after subsection (5) insert the following subsection—

(6) This section shall not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.

87

In section 61 of the Roads (Scotland) Act 1984 (granting of permission to place and maintain etc. apparatus under a road)—

• (a) at the end of subsection (1) insert “ ; and such permission shall be in writing ”,

• (b) in subsection (4) for the words from “undertakers” to the end substitute “ road works within the meaning of section 107 of the New Roads and Street Works Act 1991 ”, and

• (c) at the end of subsection (5) insert “ nor does it apply to apparatus in respect of which permission has been granted under section 109 of the New Roads and Street Works Act 1991 to execute road works ”.

88

After section 61 of the Roads (Scotland) Act 1984 there shall be inserted the following section—

(61A) (1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods— (a) such period as may be prescribed; or (b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances. (2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act— - section 56 (works executed in or excavations under a public road); - section 58 (occupation of road for deposit of building materials and erection of scaffolding); - section 59 (placing or depositing anything in a road); - section 61 (placing, leaving, retaining, maintaining, repairing and reinstating apparatus in or under a public road); or - section 85 (depositing a builder’s skip). (3) For the purposes of paragraph (b) of subsection (1) above, in default of agreement, the roads authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbiter. (4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, the period stated in the 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 regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation— (a) is likely to exceed the prescribed period, (b) is likely to exceed the period stated in the previous estimate, or (c) is likely to exceed the period previously agreed or determined to be a reasonable period, he may submit 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 roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant. (7) The regulations may make provision as to the time and manner of making payment of any charge. (8) The regulations shall provide that a roads authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally. (9) In this section “prescribed” means prescribed by the Secretary of State by regulations.

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89

In section 85 of the Roads (Scotland) Act 1984 (control of builders’ skips on road), in paragraph (a) of subsection (1) after the word “the” where it first occurs insert “ written ”.

90

In section 121(2) of the Roads (Scotland) Act 1984 (power to obtain road-making materials) for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

91

In section 132(3) of the Roads (Scotland) Act 1984 (saving for operators of telecommunications code systems) for the words from “Part II” to the end of that subsection substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

92

In section 135(1) of the Roads (Scotland) Act 1984 (restriction of power of local authority in whom a sewer is vested) for the words “Sections 133 and 134” substitute “ Section 134 ”.

93

In subsection (2) of section 143 of the Roads (Scotland) Act 1984 (provisions as to regulations and orders)—

• (a) in sub-paragraph (ii) of paragraph (a) (orders subject to negative resolution) after the word “section” insert “ 8 or ”,

• (b) in sub-paragraph (i) of paragraph (b) (orders subject to affirmative resolution) after the word “Act” insert “ or regulations made for the first time under section 61A of this Act ”, and

• (c) in sub-paragraph (ii) of paragraph (b), omit the words “8 or”.

94

In section 151(1) of the Roads (Scotland) Act 1984 (interpretation)—

• (a) in the definition of “proposed public road” for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”, and

• (b) in the definition of “road” after the words “whatever means” insert “ and whether subject to a toll or not ”.

95

In section 155(d) of the Roads (Scotland) Act 1984 (general adaptation of subordinate legislation) for the words from “Schedule 2” to the end of that paragraph substitute “ section 146 of the New Roads and Street Works Act 1991 ”.

96

• (1) In Schedule 1 to the Roads (Scotland) Act 1984 (procedures for making or confirming certain orders or schemes), after paragraph 14 there shall be inserted the following Part—

(14A) (1) Where the Secretary of State proposes to make a toll order under section 27 of the New Roads and Street Works Act 1991, he shall prepare a draft of the order and shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice— (a) stating the general effect of the proposed order; (b) naming a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and (c) stating that, within that period, any person may by notice to the Secretary of State object to the making of the order. (2) Where a toll order is submitted to the Secretary of State by a local roads authority, the authority shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice— (a) stating the general effect of the order as submitted to the Secretary of State; (b) naming a place in that area where a copy of the order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and (c) stating that, within that period, any person may by notice to the Secretary of State object to the confirmation of the order. (3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and— (a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates; and (b) the notice shall state that such a statement will be so available. (4) In sub-paragraph (3) “prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 14B. The Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry is unnecessary, dispense with such an inquiry. (14C) (1) Subject to paragraph 19 below, after considering objections (if any) to the proposed order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make or confirm the order either without modification or subject to such modifications as he thinks fit. (2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part. (14D) (1) A toll order shall be subject to special parliamentary procedure where— (a) the relevant special road scheme provides for the appropriation by or transfer to the special road authority of an existing public road comprised in the route prescribed by the scheme, and (b) the toll order authorises the charging of tolls for the use of that existing road or any part of it, unless the Secretary of State is satisfied as regards all classes of traffic entitled to use the existing road that another reasonably convenient route free of toll is available, or will be provided before the date on which the appropriation or transfer takes effect, and certifies accordingly. (2) Where the Secretary of State proposes to give such a certificate, he shall— (a) give public notice of his intention to do so, (b) afford an opportunity to all persons interested to make representations and objections, and (c) cause a public local inquiry to be held if it appears to him to be expedient to do so, having regard to representations or objections made, and before deciding whether to give the certificate he shall consider any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry. (3) As soon as may be after giving a certificate, the Secretary of State shall publish in the Edinburgh Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given. 14E. In this Part of this Schedule “proposed order” includes an order made by a local roads authority and submitted to the Secretary of State.

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• (2) In paragraph 18 of that Schedule, for the words “5 or 11” there shall be substituted the words “ 5, 11 or 14B ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

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Part IV — Amendments of other enactments

Roads Act 1920 (c.72)

98

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Fire Services Act 1947 (c.41)

99

• (1) The Fire Services Act 1947 is amended as follows.

• (2) In section 3(2) (supplementary powers of fire authorities; provisions as to exercise of power to place fire alarms in public places), for the words from the beginning to “maintaining the road;” or, in Scotland, “of the roads authority;” substitute—

(2) Before exercising the powers conferred by subsection (1)(c) above in relation to a highway for which they are not the highway authority or, in Scotland, a public road for which they are not the roads authority, a fire authority shall obtain the consent of the highway or roads authority;

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• (3) In section 38(1) (interpretation)—

• (a) at the appropriate place insert—

“highway authority” has the same meaning as in the Highways Act 1980;

; and

• (b) in the definition of “road” for the words “Public Utilities Street Works Act 1950” substitute “Part IV of the New Roads and Street Works Act 1991”.

Land Powers (Defence) Act 1958 (c.30)

100

In the Land Powers (Defence) Act 1958, after section 18 insert—

(18A) (1) In relation to works in exercise of the powers under a wayleave order, or the powers conferred by section 12 of the Requisitioned Land and War Works Act 1948, the provisions of Part III or IV of the New Roads and Street Works Act 1991 (street works in England and Wales or road works in Scotland) have effect subject to the provisions of this section. (2) The provisions of Schedule 4 or 6 of that Act (settlement of plan and section for works in streets or roads with special engineering difficulties) have effect subject as follows— (a) an objection to a plan and section in form shall be disregarded if a Minister certifies that in his opinion it would be against the national interest to submit a plan and section on a larger scale or giving further particulars; (b) no modification of a plan and section shall be made which would involve an unacceptable diversion or change; and (c) a plan and section shall not be disapproved on the ground that there should be such a diversion or change. (3) An arbitrator or arbiter appointed in pursuance of— (a) paragraph 8(3) of Schedule 4 or 6 of that Act (settlement of plan and section in case of works in street or road with special engineering difficulties), or (b) section 84(3) or 143(3) of that Act (settlement of necessary measures in case of apparatus affected by certain major works), shall not provide for an unacceptable diversion or change. (4) In subsections (2) and (3) above an “unacceptable diversion or change” means— (a) a lateral diversion of a government oil pipe-line to which the Minister on whose behalf the works are to be executed does not consent, or (b) a change of the site of accessory works which would necessitate such a diversion.

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Pipelines Act 1962 (c.58)

101

• (1) The Pipelines Act 1962 is amended as follows.

• (2) In section 15 (power to place pipe-lines in streets), in subsections (1) to (9)—

• (a) for “street” or, in Scotland, “road” substitute “ street or, in Scotland, road ”, and

• (b) for “protected street” or, in Scotland, “protected road”, wherever occurring, substitute “ main road ”.

• (3) For section 15(10) substitute—

(10) In this section— - “appropriate authority” means— 1. in England and Wales, the street authority within the meaning of Part III of the New Roads and Street Works Act 1991, and 2. in Scotland, the road works authority within the meaning of Part IV of that Act; - “carriageway” has the same meaning— 1. in England and Wales, as in the Highways Act 1980, and 2. in Scotland, as in the Roads (Scotland) Act 1984; - “main road” means a special road, trunk road or a road classified as a principal road within the meaning of the Highways Act 1980 or the Roads (Scotland) Act 1984; - “road”, in Scotland, has the same meaning as in Part IV of the New Roads and Street Works Act 1991; and - “street”, in England, has the same meaning as in Part III of that Act.

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• (3) For sections 16 and 17 substitute—

(16) (1) In relation to undertakers’ works in exercise of a power conferred by section 15(1) of this Act, the provisions of Part III or IV of the New Roads and Street Works Act 1991 (street works in England and Wales or road works in Scotland) have effect subject to the provisions of this section. (2) The provisions of Schedule 4 or 6 of that Act (settlement of plan and section for works in streets or roads with special engineering difficulties) have effect subject as follows— (a) the period under paragraph 7(2)(b) (period for responding to plan and section as submitted) shall be two months instead of one month; (b) no modification of a plan and section shall be made which would involve an unacceptable diversion; and (c) a plan and section shall not be disapproved on the ground that there should be such a diversion. (3) An arbitrator or arbiter appointed in pursuance of— (a) paragraph 8(2) of Schedule 4 or 6 of that Act (settlement of plan and section in case of works in street or road with special engineering difficulties), or (b) section 84(3) or 143(3) of that Act (settlement of necessary measures in case of apparatus affected by certain major works), shall not provide for an unacceptable diversion. (4) In subsections (2) and (3) above an “unacceptable diversion” means a lateral diversion of a pipe-line beyond the limits of lateral diversion permissible in relation to it. (5) No person shall be entitled to payment under section 85 or 144 of the New Roads and Street Works Act 1991 (sharing of costs in case of apparatus affected by certain major works) in respect of measures of his taken in connection with a pipe-line.

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• (4) In section 31(1) (power of Minister to remove materials deposited above pipe-line), for “code-regulated works within the meaning of the Public Utilities Street Works Act 1950” substitute “ street works within the meaning of Part III of the New Roads and Street Works Act 1991 or, in Scotland, road works within the meaning of Part IV of that Act ”.

• (5) In section 66(1) (general interpretation provisions), for the definition of “emergency works” substitute—

“emergency works” has the same meaning as in Part III of the New Roads and Street Works Act 1991 or, in Scotland, as in Part IV of that Act;

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New Towns (Scotland) Act 1968 (c. 16)

102

In section 8 of the New Towns (Scotland) Act 1968 (acquisition of land for roads in connection with new towns), in subsection (2) for “a trunk road” substitute “ a road for which he is the roads authority ”.

Sewerage (Scotland) Act 1968 (c.47)

103

• (1) The Sewerage (Scotland) Act 1968 is amended as follows.

• (2) In section 41 (breaking open of roads) for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

• (3) In section 59(1) (interpretation) in the definition of “road” for the words “the Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

Town and Country Planning (Scotland) Act 1972 (c.52)

104

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Control of Pollution Act 1974 (c.40)

105

In section 105(1) of the Control of Pollution Act 1974 (interpretation) in the definition of “road” for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

Local Government (Miscellaneous Provisions) Act 1976 (c.57)

106

In section 15 of the Local Government (Miscellaneous Provisions) Act 1976 (power of local authorities to survey land), for subsection (4) substitute—

(4) Where it is proposed to search or bore in pursuance of this section in a street within the meaning of Part III of the New Roads and Street Works Act 1991— (a) section 55 of that Act (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works, (b) section 69 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street), and (c) section 82 of that Act (liability for damage or loss caused), have effect in relation to the searching or boring as if they were street works within the meaning of that Part.

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Development of Rural Wales Act 1976 (c.75)

107

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Water (Scotland) Act 1980 (c.45)

108

• (1) The Water (Scotland) Act 1980 is amended as follows.

• (2) In subsection (5) of section 10 (compensation for damage)—

• (a) in paragraph (c), for the words from “or managers” to the end of that paragraph substitute “ as defined in section 147 of the New Roads and Street Works Act 1991; ”, and

• (b) for paragraph (d) substitute the following—

(d) road works authority as defined in section 108 of the New Roads and Street Works Act 1991;

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• (3) In section 13(5) (bulk supplies of water), for the words “the street works code in the Public Utilities Street Works Act 1950” substitute “ the provisions of Part IV of the New Roads and Street Works Act 1991 ”.

• (4) In section 23 (power to lay mains), at end insert—

(4) In the case of works in respect of which notice is required to be given under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of road works), notice duly given to a person in accordance with that section and section 156 of that Act (service of notice) shall be treated as reasonable notice for the purposes of subsection (1) above.

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• (5) In section 103 (requirement for all notices to be in writing), after “shall” insert “ , subject to section 23(4) of and paragraph 4(1) of Schedule 3 to this Act, ”

• (6) In section 109(1) (interpretation), in the definition of “road”, for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

• (7) In Schedule 3 (provisions as to breaking open streets and laying communication and supply pipes)—

• (a) in paragraph 2(2), for the words “section 6 of the Public Utilities Street Works Act 1950” substitute “ section 114 of the New Roads and Street Works Act 1991 ”;

• (b) in paragraph 4(1) for the words “not less than 72 hours”’ substitute the word “ such ” and at the end of that sub-paragraph add the words “ as would require to be given by an undertaker under section 114 of the New Roads and Street Works Act 1991 (notice of starting date of works) in accordance with that section and with section 156 of that Act (service of notice) ”.

• (8) In Schedule 4 (provisions in orders relating to water undertakings)—

• (a) in paragraph 5(2), for the words from “or in controlled land” to the end substitute “ for the purposes of major road works, major bridge works or major transport works within the meaning of Part IV of the New Roads and Street Works Act 1991 ”; and

• (b) in paragraph 36(b), for the words from “the code” to the end of that paragraph, substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

Local Government, Planning and Land Act 1980 (c.65)

109

In section 167 of the Local Government, Planning and Land Act 1980 (power to survey land), for subsection (7) substitute—

(7) Where it is proposed to search or bore in pursuance of this section in a street within the meaning of Part III of the New Roads and Street Works Act 1991 or, in Scotland, a road within the meaning of Part IV of that Act— (a) section 55 or 114 of that Act (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street or road which is likely to be affected by the works, (b) section 69 or 128 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street or road), and (c) section 82 or 141 of that Act (liability for damage or loss caused), have effect in relation to the searching or boring as if they were street works within the meaning of the said Part III or, in Scotland, road works within the meaning of the said Part IV.

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Water Act 1981 (c.12)

110

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British Telecommunications Act 1981 (c.38)

111

In Schedule 3 to the British Telecommunications Act 1981, in paragraph 74(2) for “177 and 181(7)” substitute “ and 177 ”.

New Towns Act 1981 (c.64)

112

In section 11 of the New Towns Act 1981 (acquisition of land for highways), in subsection (2)(a) (powers of Secretary of State) for “a trunk road” substitute “ a road for which he is the highway authority ”.

Telecommunications Act 1984 (c.12)

113

• (1) In Schedule 2 to the Telecommunications Act 1984 (the telecommunications code), paragraph 1 (interpretation) is amended as follows.

• (2) In sub-paragraph (1)—

• (a) in the definition of “maintainable highway”, in paragraph (a), for the words from the beginning to “1950” substitute “ in England and Wales, means a maintainable highway within the meaning of Part III of the New Roads and Street Works Act 1991 ”;

• (b) in the definition of “public road”, for “the Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”;

• (c) in the definition of “road”, for “the meaning given by section 1(3) of the said Act of 1950” substitute “ the same meaning as in Part IV of the New Roads and Street Works Act 1991 ”;

• (d) in the definition of “street” for “the meaning given by section 1(3) of the said Act of 1950” substitute “ the same meaning as in Part III of the New Roads and Street Works Act 1991 ”.

• (3) Omit sub-paragraph (4) (which relates to the meaning of the expression “street”).

• (4) In sub-paragraph (5), for “the Public Utilities Street Works Act 1950” substitute “ Part III of the New Roads and Street Works Act 1991 ”.

114

In the same Schedule, in paragraph 2(8)(a) (construction of references to occupier of land)—

• (a) for “street” or, in Scotland, “road” in each place where it occurs substitute “ street or, in Scotland, road ”;

• (b) in sub-paragraph (ii), for the words from “as references” to the end substitute—

as references— - in England and Wales or Northern Ireland, to the street managers within the meaning of Part III of the New Roads and Street Works Act 1991 (which for this purpose shall be deemed to extend to Northern Ireland), and - in Scotland, to the road managers within the meaning of Part IV of that Act; and

.

115

• (1) In the same Schedule, paragraph 9 (street works) is amended as follows.

• (2) In sub-paragraph (1), after “over,” insert “ in, on, ”, and for “a street” or, in Scotland, “a road” substitute “ a street or, in Scotland, a road ”.

• (3) In sub-paragraph (2), for “in a street which is not a maintainable highway” or, in Scotland, “in a road which is not a public road” substitute “ in a street which is not a maintainable highway or, in Scotland, a road which is not a public road ”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1985 (c.51)

116

• (1) In Schedule 5 to the Local Government Act 1985, paragraph 6 (guidance as to exercise of traffic powers in London and metropolitan counties) is amended as follows.

• (2) In sub-paragraph (1) for “other than trunk roads” substitute “ other than those for which he is the traffic authority ”.

• (3) In sub-paragraph (3)—

• (a) in paragraph (b)(i) for “trunk road” substitute “ road for which the Secretary of State is the traffic authority ”, and

• (b) in paragraph (c) for the words “trunk road” substitute the words “ road for which he is the traffic authority ”.

Transport Act 1985 (c.67)

117

• (1) The Transport Act 1985 is amended as follows.

• (2) In section 7(12) (application of traffic regulation conditions to local bus services; requirement of consent of Secretary of State) for “a trunk road” substitute “ a road for which the Secretary of State is the highway or roads authority ”.

• (3) In section 137(1) (interpretation), omit the definition of “trunk road”.

Airports Act 1986 (c.31)

118

• (1) Section 62 of the Airports Act 1986 (provisions as to telecommunications apparatus) is amended as follows.

• (2) In subsection (2) (cases in which highway authority or owner of subsoil may require alteration of apparatus), for paragraph (b) substitute—

(b) for the improvement of the highway where the Secretary of State is not the highway authority,

.

• (3) In subsection (4) (limit on effect of subsection (2)(b), for “authority’s works as defined in Part II of the Public Utilities Street Works Act 1950” substitute “ major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991 or, in Scotland, major works for roads purposes, major bridge works or major transport works within the meaning of Part IV of that Act ”.

Gas Act 1986 (c.44)

119

• (1) Schedule 4 to the Gas Act 1986 (power of public gas suppliers to break up streets, &c.) is amended as follows.

• (2) In paragraphs 1(1), (2) (three times) and 4(1) and (2) for “street or bridge” substitute “ street ”.

• (3) In paragraph 2(1) for “highway authority” substitute “ street authority ”.

• (4) In paragraph 3(2) for “for the purpose of” substitute “ only for the purpose of ”.

• (5) Omit paragraph 5(1).

• (6) In paragraph 6, omit the definition of “highway authority” and for the definition of “street” substitute—

“street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.

.

• (7) In paragraph 7 (adaptations for Scotland)—

• (a) for sub-paragraph (b) substitute—

(b) in paragraph 2(1) for the words “street authority” there shall be substituted the words “road works authority”;

• (b) omit sub-paragraph (e); and

• (c) for sub-paragraph (f) substitute—

(f) in paragraph 6, for “street” and “street authority” substitute “road” and “road works authority” and for “Part III” substitute “Part IV”.

.

120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic Act 1988 (c.52)

121

• (1) The Road Traffic Act 1988 is amended as follows.

• (2) In section 22A(3)(c)(i), omit the words “section 8 of the Public Utilities Street Works Act 1950”.

• (3) In section 39 (provisions with respect to road safety)—

• (a) in subsection (3)(a) (duty of local authority as to study of road accidents), for “trunk roads” substitute “ roads for which the Secretary of State is the highway authority (in Scotland, roads authority) ”;

• (b) in subsection (3)(b) (duties as to taking of measures in light of studies), for “roads for which they are the highway authority (in Scotland, local roads authority)” substitute “ roads for the maintenance of which they are responsible ”.

• (4) In section 192(1) (general interpretation), for the definition of “highway authority” substitute—

“highway authority”, in England and Wales, means— (a) in relation to a road for which he is the highway authority within the meaning of the Highways Act 1980, the Secretary of State, and (b) in relation to any other road, the council of the county, metropolitan district or London borough, or the Common Council of the City of London, as the case may be;

.

Water Act 1989 (c.15)

122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electricity Act 1989 (c.29)

123

• (1) In Schedule 4 to the Electricity Act 1989 (powers of licence-holders), paragraph 1 (street works in England and Wales) is amended as follows.

• (2) In sub-paragraph (2) (consent required for placing of certain structures in the street), for the words from “exercisable only” to the end substitute “ exercisable only with the consent of the street authority; but such consent shall not be unreasonably withheld ”.

• (3) In sub-paragraph (4) (consent required in certain cases for breaking up or opening street)—

• (a) for “a street falling within paragraph (b) or (c) of sub-paragraph (2) above” substitute “ a street which is not a maintainable highway ”, and

• (b) for “the person mentioned in that paragraph” substitute “ the street authority ”.

• (4) For sub-paragraph (8) (savings) substitute—

(8) Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.

.

• (5) For sub-paragraph (9) (interpretation) substitute—

(9) In this paragraph “maintainable highway”, “street” and “street authority” have the same meaning as in Part III of the New Roads and Street Works Act 1991.

.

124

• (1) In the same Schedule, paragraph 2 (road works in Scotland) is amended as follows.

• (2) In sub-paragraph (2) (consent required for placing of certain structures in the road), for the words from “exercisable only” to the end substitute “ exercisable only with the consent of the road works authority; but such consent shall not be unreasonably withheld ”.

• (3) In sub-paragraph (4) (consent required in certain cases for breaking up or opening road)—

• (a) for “a road or bridge falling within paragraph (b) or (c) of sub-paragraph (2) above” substitute “ a road which is not a public road ”, and

• (b) for “the person mentioned in that paragraph” substitute “ the road works authority ”.

• (4) For sub-paragraph (8) (savings) substitute—

(8) Nothing in sub-paragraph (1) above shall affect the application to any operation of sections 34 to 36 of the Coast Protection Act 1949.

.

• (5) For sub-paragraph (9) (interpretation) substitute—

(9) In this paragraph “public road”, “road” and “road works authority” have the same meaning as in Part IV of the New Roads and Street Works Act 1991.

.

125

In the same Schedule, in paragraph 12 (interpretation), omit the definitions of “navigation authority” and “railway authority”.

Town and Country Planning Act 1990 (c.8)

126

• (1) Section 256 of the Town and Country Planning Act 1990 (provisions as to telecommunications apparatus) is amended as follows.

• (2) In subsection (3) (power of local highway authority to require alteration of apparatus) for “highway, other than a trunk road” substitute “ highway for which the Secretary of State is not the highway authority ”.

• (3) In subsection (4) (limitation of power under subsection (3)) for “authority’s works as defined in Part II of the Public Utilities Street Works Act 1950” substitute “ major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991 ”.

Natural Heritage (Scotland) Act 1991 (c.28.)

127

In paragraph 5(4) of Schedule 7 to the Natural Heritage (Scotland) Act 1991 (works under drought orders), for “section 39(1) of the Public Utilities Street Works Act 1950” substitute “ section 111 of the New Roads and Street Works Act 1991 ”.

SCHEDULE 9

Editorial notes