New Roads and Street Works Act 1991
New Roads and Street Works Act 1991 (1991 c. 22)
- New Roads and Street Works Act 1991 (1991 c. 22)
- Part I New Roads in England and Wales
- Concession agreements
- 1 Concession agreements.
- 2 Exercise of highway functions by concessionaire.
- 3 Provisions as to traffic regulation.
- 4 Leasing of land to concessionaire.
- 5 Transfer or termination of concession.
- Toll orders
- 6 Toll orders.
- 7 The toll period.
- 8 Amount of tolls chargeable by concessionaire.
- 9 Amount of tolls chargeable by highway authority.
- 10 Application of enactments relating to monopolies, &c.
- 11 Variation or revocation of toll order.
- 12 Extension toll orders.
- Further provisions with respect to tolls
- 13 Further provisions as to charging of tolls.
- 14 Collection of tolls.
- 15 Refusal or failure to pay tolls.
- 16 Facilities for collection of tolls.
- 17 Restriction of access to toll roads.
- Annual Report
- 18 Annual report on concession agreements and toll orders.
- Miscellaneous
- 19 Environmental assessment of projects involving special roads.
- 20 Classification of traffic for purposes of special roads.
- 21 Certain special roads not necessarily trunk roads.
- 22 Adoption of privately constructed roads.
- 23 Execution of works by highway authority at expense of another.
- 24 Exercise of road traffic regulation powers.
- General
- 25 Application of provisions of the Highways Act 1980, &c.
- 26 Interpretation.
- Part II New Roads in Scotland
- Toll Roads
- 27 Toll orders.
- 28 Assignation of rights under a toll order.
- 29 The toll period.
- 30 Extension toll orders.
- 31 Amount of tolls chargeable.
- 32 Toll order in respect of major crossings.
- 33 Application of enactments relating to monopolies, &c.
- 34 Variation or revocation of toll order.
- 35 Transfer or termination of assignation.
- Further provision with respect to tolls
- 36 Further provision as to charging of tolls.
- 37 Collection of tolls.
- 38 Refusal or failure to pay tolls.
- 39 Facilities for collection of tolls.
- 40 Restriction of access to toll roads.
- Report
- 41 Report on toll roads and toll orders in Scotland.
- Supplementary provisions
- 42 Environmental assessment of projects involving special roads.
- 43 Provisions as to traffic regulation.
- 44 Exercise of road traffic regulation powers.
- 45 Classification of traffic for purposes of special roads.
- 46 Special roads not necessarily to be trunk roads.
- 47 The Roads (Scotland) Act 1984 and the interpretation of Part II.
- Part III Street works in England and Wales
- Introductory provisions
- 48 Streets, street works and undertakers.
- 49 The street authority and other relevant authorities.
- 50 Street works licences.
- 51 Prohibition of unauthorised street works.
- 52 Emergency works.
- The street works register
- 53 The street works register.
- Notice and co-ordination of works
- 54 Advance notice of certain works.
- 55 Notice of starting date of works.
- 56 Power to give directions as to timing of street works.
- 56A Power to give directions as to placing of apparatus
- 57 Notice of emergency works.
- 58 Restriction on works following substantial road works.
- 58A Restriction on works following substantial street works
- 59 General duty of street authority to co-ordinate works.
- 60 General duty of undertakers to co-operate.
- Streets subject to special controls
- 61 Protected streets.
- 62 Supplementary provisions as to designation of protected streets.
- 63 Streets with special engineering difficulties.
- 64 Traffic-sensitive streets.
- General requirements as to execution of street works
- 65 Safety measures.
- 66 Avoidance of unnecessary delay or obstruction.
- 67 Qualifications of supervisors and operatives.
- 68 Facilities to be afforded to street authority.
- 69 Works likely to affect other apparatus in the street.
- Reinstatement
- 70 Duty of undertaker to reinstate.
- 71 Materials, workmanship and standard of reinstatement.
- 72 Powers of street authority in relation to reinstatement.
- 73 Reinstatement affected by subsequent works.
- Inspections
- 73F Guidance about street authority inspections
- Charges, fees and contributions payable by undertakers
- 74 Charge for occupation of the highway where works unreasonably prolonged.
- 74A Charge determined by reference to duration of works.
- 74B Regulations under sections 74 and 74A.
- 75 Inspection fees.
- 76 Liability for cost of temporary traffic regulation.
- 77 Liability for cost of use of alternative route.
- 78 Contributions to costs of making good long-term damage.
- Duties and liabilities of undertakers with respect to apparatusDuties in relation to recording and sharing of information about apparatus
- 79 Records of location of apparatus.Information in relation to apparatus
- 80 Duty to inform undertakers of location of apparatus.Duties to report missing or incorrect information in relation to apparatus.
- Other duties and liabilities of undertakers in relation to apparatus
- 81 Duty to maintain apparatus.
- 82 Liability for damage or loss caused.
- Apparatus affected by highway, bridge or transport works
- 83 Works for road purposes likely to affect apparatus in the street.
- 84 Measures necessary where apparatus affected by major works.
- 85 Sharing of cost of necessary measures.
- Provisions with respect to particular authorities and undertakings
- 86 Highway authorities, highways and related matters.
- 87 Prospectively maintainable highways.
- 88 Bridges, bridge authorities and related matters.
- 89 Public sewers, sewer authorities and related matters.
- 90 Provisions as to reinstatement of sewers, drains or tunnels.
- 91 Transport authorities, transport undertakings and related matters.
- 92 Special precautions as to displaying of lights.
- 93 Works affecting level crossings or tramways.
- Power of street authority or district council to undertake street works
- 94 Power of street authority or district council to undertake street works.
- Supplementary provisions
- 95 Offences.
- 95A Fixed penalties for certain offences under this Part
- 96 Recovery of costs or expenses.
- 97 Service of notices and other documents.
- 98 Reckoning of periods.
- 99 Arbitration.
- 100 Agreements inconsistent with the provisions of this Part.
- 101 Effect of this Part on certain existing special enactments or instruments.
- 102 Effect of this Part on other existing enactments or instruments.
- 103 Former controlled land.
- 104 Meaning of “prescribed” and regulations generally.
- 105 Minor definitions.
- 106 Index of defined expressions.
- Part 3A National Underground Asset Register: England and Wales
- The register
- 106A National Underground Asset Register
- 106B Initial upload of information into NUAR
- 106C Access to information kept in NUAR
- 106D Guidance
- Requirements for undertakers to pay fees and provide information
- 106E Fees payable by undertakers in relation to NUAR
- 106F Providing information for purposes of regulations under section 106E
- Monetary penalties
- 106G Monetary penalties
- Exercise of functions by third party
- 106H Arrangements for third party to exercise functions
- Data protection
- 106I Data protection
- Supplementary provisions
- 106J Regulations under this Part
- 106K Interpretation
- Part IV Road works in Scotland
- Introductory provisions
- 107 Roads, road works and undertakers.
- 108 The road works authority and other relevant authorities.
- 109 Permission to execute road works.
- 110 Prohibition of unauthorised road works.
- 111 Emergency works.
- The road works register
- 112 The road works register.
- 112A The Scottish Road Works Register
- 112B Duty to enter certain information in the Scottish Road Works Register
- Notice and co-ordination of works
- 113 Advance notice of certain works.
- 114 Notice of starting date of works.
- 115 Power to give directions as to timing of works.
- 115A Power to give directions as to placing of apparatus
- 116 Notice of emergency works.
- 117 Restriction on works following substantial works carried out for road purposes.
- 118 General duty of road works authority to co-ordinate works.
- 119 General duty of undertakers to co-operate.
- 119A Enforcement of sections 118 and 119: imposition of penalties
- Roads subject to special controls
- 120 Protected roads.
- 121 Supplementary provisions as to designation of protected roads.
- 122 Roads with special engineering difficulties.
- 123 Traffic-sensitive roads.
- General requirements as to execution of road works
- 124 Safety measures.
- 125 Avoidance of unnecessary delay or obstruction.
- 126 Qualifications of supervisors and operatives.
- 126A Duty of authorities, undertakers etc. to ensure competence of employees etc.
- 127 Facilities to be afforded to road works authority.
- 128 Works likely to affect other apparatus in the road.
- Reinstatement
- 129 Duty of undertaker to reinstate.
- 130 Materials, workmanship and standard of reinstatement.
- 131 Powers of road works authority in relation to reinstatement.
- 132 Reinstatement affected by subsequent works.
- Charges, fees and contributions payable by undertakers
- 133 Charge for occupation of the road where works unreasonably prolonged.
- 134 Inspection fees.
- 135 Liability for cost of temporary traffic regulation.
- 136 Liability for cost of use of alternative route.
- 137 Contributions to costs of making good long-term damage.
- Duties and liabilities of undertakers with respect to apparatus
- 138 Records of location of apparatus.
- 139 Duty to inform undertakers of location of apparatus.
- 140 Duty to maintain apparatus.
- 141 Liability for damage or loss caused.
- Apparatus affected by road, bridge or transport works
- 142 Works for road purposes likely to affect apparatus in the road.
- 143 Measures necessary where apparatus affected by major works.
- 144 Sharing of cost of necessary measures.
- Provisions with respect to particular authorities and undertakings
- 145 Roads authorities, roads and related matters.
- 146 Prospective public roads.
- 147 Bridges, bridge authorities and related matters.
- 148 Sewers.
- 149 Provisions as to reinstatement of sewers, drains or tunnels.
- 150 Transport authorities, transport undertakings and related matters.
- 151 Special precautions as to displaying of lights.
- 152 Works affecting level crossings or tramways.
- Power of road works authority or district council to undertake road works
- 153 Power of road works authority or district council to undertake road works.
- Supplementary provisions
- 154 Offences.
- 154A Fixed penalties for certain offences under this Part
- 155 Recovery of costs or expenses.
- 156 Service of notices and other documents.
- 157 Reckoning of periods.
- 157A Regulations prescribing manner of settlement of disputes
- 158 Arbitration.
- 159 Agreements inconsistent with the provisions of this Part.
- 160 Effect of this Part on certain existing special enactments or instruments.
- 161 Effect of this Part on other existing enactments or instruments.
- 162 Former controlled land.
- 163 Meaning of “prescribed” and regulations generally.
- 163A Consultation on regulations and codes of practice
- 164 Minor definitions.
- 165 Index of defined expressions.
- Part V General
- 166 Offences by bodies corporate or Scottish partnerships.
- 167 Crown application.
- 168 Minor and consequential amendments and repeals.
- 169 Extent.
- 170 Commencement.
- 171 Short title.
- SCHEDULES
- SCHEDULE 1 Supplementary provisions as to termination of concession
- Introductory
- Property to vest free from security rights
- Recovery of property taken in distress, &c.
- Validity of previous discharge of liabilities
- Property subject to covenants, conditions or restrictions
- Transfer of agreements, &c.
- Legal or other proceedings
- Transfer of employees
- SCHEDULE 2 Procedure in Connection with Toll Orders
- Publicity for proposals
- Making of objections
- Local inquiry
- Making or confirmation of order
- Notice of making or confirmation of order
- Special parliamentary procedure where existing highway appropriated or transferred
- Challenge to validity of order or certificate
- SCHEDULE 3 Street works licences
- Grant of licence
- Electronic communications networks: determination of applications to install facilities
- Conditions attached to licence
- Notice of change of ownership, &c.
- Withdrawal of licence
- Removal of apparatus
- Obligation of licensee to indemnify street authority
- Appeal against decision of local highway authority
- SCHEDULE 3A Restriction on works following substantial street works
- Introductory
- Notice by authority of proposed restriction
- Completion of notified works
- Direction restricting further works
- Effect of direction imposing restriction
- Supplementary
- SCHEDULE 4 Streets with special engineering difficulties
- Introductory
- Requirement of plan and section
- Procedure on submission of plan and section
- Settlement of plan and section by arbitration
- Objection to works executed without plan and section being settled
- Execution of works in accordance with plan and section
- SCHEDULE 4A fixed penalty offences under part 3
- SCHEDULE 4B Fixed penalties for certain offences under Part 3
- Power to give fixed penalty notices
- Contents of fixed penalty notice
- The amount of the penalty and the period for payment
- The discounted amount
- Effect of notice and payment of penalty
- Power to withdraw notices
- General and supplementary
- SCHEDULE 5 Procedure for making certain orders under Part III
- Publication of proposals
- Notice to parties affected
- Local inquiry
- Making of order
- Special parliamentary procedure
- Schedule 5A Monetary penalties in relation to requirements under Part 3A
- Power to impose monetary penalties
- Warning notices
- Penalty notices
- Enforcement
- Appeals
- SCHEDULE 6 Roads with special engineering difficulties
- Introductory
- Requirement of plan and section
- Procedure on submission of plan and section
- Settlement of plan and section by arbitration
- Objection to works executed without plan and section being settled
- Execution of works in accordance with plan and section
- SCHEDULE 6A FIXED PENALTY OFFENCES UNDER PART 4
- SCHEDULE 6B FIXED PENALTIES FOR CERTAIN OFFENCES UNDER PART 4
- Power to give fixed penalty notices
- Contents of fixed penalty notice
- The amount of the penalty and the period for payment
- The discounted amount
- Effect of notice and payment of penalty
- Request for hearing
- Power to withdraw notices
- Effect of prosecution on notice
- Recovery of unpaid fixed penalties
- Judicial determination of enforcement of fixed penalty
- General and supplementary
- SCHEDULE 7 Procedure for making certain orders under Part IV
- Publication of proposals
- Notice to parties affected
- Local inquiry
- Making of order
- Special parliamentary procedure
- SCHEDULE 8 Minor and consequential amendments
- Part I Amendments of the Highways Act 1980
- Part II Amendments of the Road Traffic Regulation Act 1984
- Traffic regulation orders outside Greater London
- Orders as to traffic regulation in Greater London
- Experimental traffic schemes
- Temporary prohibition or restriction of traffic
- Traffic regulation on special roads
- Traffic regulation in other special cases
- Pedestrian crossings
- Street playgrounds
- Parking places
- Traffic signs
- Part III Amendments of the Roads (Scotland) Act 1984
- Part IV Amendments of other enactments
- Roads Act 1920 (c.72)
- Fire Services Act 1947 (c.41)
- Land Powers (Defence) Act 1958 (c.30)
- Pipelines Act 1962 (c.58)
- New Towns (Scotland) Act 1968 (c. 16)
- Sewerage (Scotland) Act 1968 (c.47)
- Town and Country Planning (Scotland) Act 1972 (c.52)
- Control of Pollution Act 1974 (c.40)
- Local Government (Miscellaneous Provisions) Act 1976 (c.57)
- Development of Rural Wales Act 1976 (c.75)
- Water (Scotland) Act 1980 (c.45)
- Local Government, Planning and Land Act 1980 (c.65)
- Water Act 1981 (c.12)
- British Telecommunications Act 1981 (c.38)
- New Towns Act 1981 (c.64)
- Telecommunications Act 1984 (c.12)
- Local Government Act 1985 (c.51)
- Transport Act 1985 (c.67)
- Airports Act 1986 (c.31)
- Gas Act 1986 (c.44)
- Road Traffic Act 1988 (c.52)
- Water Act 1989 (c.15)
- Electricity Act 1989 (c.29)
- Town and Country Planning Act 1990 (c.8)
- Natural Heritage (Scotland) Act 1991 (c.28.)
- SCHEDULE 9 Repeals
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