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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The New Roads and Street Works Act 1991 (Commencement No. 5 and Transitional Provisions and Savings) Order 1992 No. 2984 (C. 88) URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_19922984_en.html |
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Statutory Instruments
HIGHWAYS, ENGLAND AND WALES
Made
27th November 1992
The Secretary of State for Transport, in exercise of the powers conferred by section 170 of the New Roads and Street Works Act 1991(1) and of all other enabling powers hereby makes the following Order:
1.-(1) This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No. 5 and Transitional Provisions and Savings) Order 1992.
(2) In this Order:-
"the 1950 Act" means the Public Utilities and Street Works Act 1950(2);
"the 1980 Act" means the Highways Act 1980(3);
"the 1991 Act" means the New Roads and Street Works Act 1991;
"special road authority" has the same meaning as in section 16(4) of the 1980 Act;
"special road" has the same meaning as in the 1980 Act;
"statutory undertaker" means a person entitled by virtue of a statutory right to carry out street works.
2.-(1) The provisions of the 1991 Act specified in the first column of Schedule 1 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 28th November 1992.
(2) The provisions of the 1991 Act specified in the first column of Schedule 2 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st January 1993.
(3) The provisions of the 1991 Act specified in the first column of Schedule 3 to this Order (which relates to the matters specified in the second column thereof) shall come into force on 1st April 1993.
3.-(1) An undertaker who has submitted a plan and section of works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have given an advance notice of works for the purposes of section 54 of the 1991 Act.
(2) An undertaker who has submitted a plan and section of the works under section 3(1) of the 1950 Act on or before 31st December 1992 shall be deemed to have settled a plan and section of the works for the purposes of Schedule 4 to the 1991 Act.
4. An undertaker who has given a notice under section 6(1)(4) of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of starting date of works for the purposes of section 55 of the 1991 Act.
5. An undertaker who has given a notice relating to the execution of emergency works under section 6(5) of the 1950 Act on or before 31st December 1992 shall be deemed to have given a notice of emergency works as required by section 57 of the 1991 Act and the works executed in reliance on such a notice shall be deemed to be emergency works for the purposes of section 57 notwithstanding any of the provisions of section 52 of the 1991 Act.
6. A street authority shall not restrict the execution of street works in a highway by notice under section 58 of the 1991 Act during the twelve months following the completion of substantial road works in any case where the highway authority has on or before 31st December 1992 granted consent to an undertaker to break up or open that highway pursuant to section 156(5) of the 1980 Act.
7. Where a special road authority (within the meaning of section 16(4) of the 1980 Act) has on or before 31st December 1992 granted to a statutory undertaker consent to lay down or erect apparatus in any land comprised in the route of a special road, the consent of the street authority under section 61 of the 1991 Act for placing that apparatus in a protected street shall not be required.
8. The provisions of section 69 of the 1991 Act shall not apply to any street works which are in hand on 1st January 1993 or in respect of which any action required under section 26(5) of the 1950 Act has been taken before that date.
9. An undertaker shall not be subject to the provisions of section 70 of the 1991 Act if-
(a)the street authority has elected to execute permanent reinstatement in accordance with the provisions of the Third Schedule(6) to the 1950 Act and the undertaker is treated for the purposes of paragraph 5(2) of the said Schedule as having completed his works and such of the permanent reinstatement and making good as by virtue of the 1950 Act he is obliged to execute, provided however that an authority electing to exercise permanent reinstatement as aforesaid may not recover the cost of reinstatement from an undertaker unless the reinstatement has been completed on or before 31st December 1993 and an account has been rendered to the undertaker on or before 31st March 1994; or
(b)the undertaker has begun permanent reinstatement on or before 31st December 1992; or
(c)the street authority and the undertaker have agreed on or before 31st December 1992 that the street authority should execute permanent reinstatement and the reinstatement is executed in accordance with that agreement.
10. The provisions of sections 84(1), (3) and (4) and 85 of the 1991 Act shall not apply in any case where, on or before 31st December 1992, a highway, bridge or transport authority has given to an undertaker a notice of intention to execute works in accordance with paragraph 2(1) of Part I of the Fourth Schedule to the 1950 Act and has accepted that undertaker's notice given under paragraph 3 of that Schedule as a specification of works and measures necessary to protect the undertaker's apparatus.
11. Subsections (5) to (8) of section 73 of the 1991 Act shall apply to reinstatements carried out in accordance with section 7 of and the Third Schedule to the 1950 Act.
12. Notwithstanding the repeal of the 1950 Act by section 168(2) of and Schedule 9 to the 1991 Act, sections 7, 8, 9 and 10(7) and the Third Schedule to the 1950 Act shall continue to apply to permanent reinstatements begun by an undertaker on or before 31st December 1992 and to permanent reinstatements carried out by a street authority in the circumstances set out in article 9(a) of this Order.
13. Section 10(1) and 12(4) of the 1950 Act shall continue to apply to street works executed by a transport authority or a sewer authority which were begun on or before 31st December 1992.
14. Section 16 of the 1950 Act shall continue in force in relation to agreements to which that section applies which are made on or before 31st December 1992.
15. Section 8 of the 1950 Act shall continue in force until 31st March 1993 in relation to street works whether or not they were begun before 1st January 1993.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
27th November 1992
Article 2(1)
| Section 53(1), (2) and (3) | The street works register and Regulations in relation thereto |
| Section 55 (for the purpose of making regulations) | Notice of starting date of works |
| Section 57 | Notice of emergency works |
| Section 58 | Restriction on works following substantial road works |
Article 2(2)
| Section 50 | Street works licences |
| Section 51 | Prohibition of unauthorised street works |
| Section 55 (for all purposes other than the making of regulations) | Notice of starting date of works |
| Section 59(1), (2), (4), (5) and (6) | General duty of street authority to co-ordinate works |
| Section 60 (1) and (3) | General duty of undertakers to co-operate |
| Section 61 | Protected streets |
| Section 66 | Avoidance of unnecessary delay or obstruction |
| Section 68 | Facilities to be afforded to street authority |
| Section 69 | Works likely to affect other apparatus in the street |
| Section 70(1), (2), (3), (5), (6) and (7) | Duty of undertaker to reinstate |
| Section 72 | Powers of street authority in relation to reinstatement |
| Section 73 | Reinstatement affected by subsequent works |
| Section 74 | Charge for occupation of the highway where works unreasonably prolonged |
| Section 76 | Liability for cost of temporary traffic regulation |
| Section 77 | Liability for cost of use of alternative route |
| Section 78 | Contributions to costs of making good longterm damage |
| Section 81(1), (2), (5), (6) and (7) | Duty to maintain apparatus |
| Section 82 | Liability for damage or loss caused |
| Section 83 | Works for road purposes likely to affect apparatus in the street |
| Section 84(1), (3) and (4) | Measures necessary where apparatus affected by major works |
| Section 88 | Bridges, bridge authorities and related matters |
| Section 89 | Public sewers, sewer authorities and related matters |
| Section 90 | Provisions as to reinstatement of sewers, drains or tunnels |
| Section 91 | Transport authorities, transport undertakings and related matters |
| Section 92 | Special precautions as to displaying of lights |
| Section 93 | Works affecting level crossings or tramways |
| Section 94 | Power of street authority or district council to undertake street works |
| Section 95 | Offences |
| Section 96 | Recovery of costs or expenses |
| Section 100 | Agreements inconsistent with Part III of the 1991 Act |
| Section 101 | Effect of Part III of the 1991 Act on certain existing special enactments or instruments |
| Section 102 | Effect of Part III of the 1991 Act on other existing enactments or instruments |
| Section 103 | Former controlled land |
| Section 168 in so far as it relates to the provisions of Schedules 8 and 9 of the 1991 Act referred to in this Schedule | Minor and consequential amendments and repeals |
| Schedule 3 | Street works licences |
| Schedule 5 | Procedure for making certain orders under Part III of the 1991 Act |
| Schedule 8 in so far as it relates to England and Wales and has not already been commenced | Minor and consequential amendments |
| Schedule 9 in so far as it relates to England and Wales and has not already been commenced | Repeals |
Article 2(3)
| Provisions of that Act | Subject Matter |
| Section 65(1), (2), (4), (5) and (6) | Safety measures |
(This note is not part of the Order)
Article 2(1) brings into force on 28th November 1992 those provisions of the New Roads and Street Works Act 1991 ("the 1991 Act") which are specified in Schedule 1. Article 2(2) brings into force on 1st January 1993 those provisions of the 1991 Act specified in Schedule 2 and article 2(3) brings into force on 1st April 1993 those provisions of the 1991 Act specified in Schedule 3.
The remaining articles of the Order make transitional provisions and keep in force for limited purposes certain provisions of the Public Utilities Street Works Act 1950, which is repealed by section 168 of and Schedule 9 to the 1991 Act as from 1st January 1993.
(This note is not part of the Order)
The following provisions of the New Roads and Street Works Act 1991 have been brought into force by commencement orders made before the date of this Order.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Part II (except sections 43 and 44) | 21st October 1991 | 1991/2286 |
| Section 166 (partially) (Scotland) | ||
| Section 167 (partially) (Scotland) | ||
| Section 168 (partially) (Scotland) | ||
| Schedule 8 (partially) (Scotland) | ||
| Schedule 9 (partially) (Scotland) | ||
| Sections 43 and 44 | 1st November 1991 | |
| Section 168 (partially) (Scotland) | ||
| Schedule 8 (partially) (Scotland) | ||
| Schedule 9 (partially) (Scotland) | ||
| Part I | 1st November 1991 | 1991/2288 |
| Section 166(1) (England and Wales) | ||
| Section 167(1), (2), (3) and (6) (England and Wales) | ||
| Section 168 (partially) | ||
| Sections 169(1), 170 and 171 | ||
| Schedule 8, Part II (England and Wales) | ||
| Schedule 8, Part IV (partially) | ||
| Schedule 9 (partially) (England and Wales) | ||
| Sections 107 and 108 | 14th July 1992 | 1992/1671 |
| Section 111 | ||
| Section 112 (partially) | ||
| Section 113 | ||
| Section 115 | ||
| Section 118 (partially) | ||
| Section 119 (partially) | ||
| Sections 121 to 123 | ||
| Section 124 (partially) | ||
| Section 126 | ||
| Section 129 (partially) | ||
| Section 130 | ||
| Section 134 | ||
| Section 140 (partially) | ||
| Section 143 (partially) | ||
| Sections 144 to 146 | ||
| Sections 156 to 158 | ||
| Sections 163 to 165 | ||
| Section 167 (partially) (Scotland) | ||
| Section 169 (partially) (Scotland) | ||
| Schedule 6 | ||
| Sections 48 and 49 | 14th July 1992 | 1992/1686 |
| Section 52 | ||
| Section 53 (partially) | ||
| Section 54 | ||
| Section 56 | ||
| Section 59 (partially) | ||
| Section 60 (partially) | ||
| Sections 62 to 64 | ||
| Section 65 (partially) | ||
| Section 67 | ||
| Section 70 (partially) | ||
| Section 71 | ||
| Section 75 | ||
| Section 81 (partially) | ||
| Section 84 (partially) | ||
| Sections 85 to 87 | ||
| Sections 97 to 99 | ||
| Sections 104 to 106 | ||
| Section 167 (partially) (England and Wales) | ||
| Schedule 4 |
Section 6(1) was amended by the Telecommunications Act 1984 (c. 12), section 109(1) and Schedule 4, paragraph 29(2).
Section 26 was amended by the Telecommunications Act 1984, section 109(1) and Schedule 4, paragraph 29(1).
The Third Schedule was amended by the Criminal Justice Act 1982 (c. 48), sections 38 and 46 and by the Telecommunications Act 1984, section 109(1) and Schedule 4, paragraph 29(2).
Section 10 was amended by the Telecommunications Act 1984, section 109(1) and Schedule 4, paragraph 29(2).
