New Roads And Street Works Act 1991
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In the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, statutory undertakers are the various companies and agencies given general licence to carry out certain development and highways works. Generally these are
utilities A public utility company (usually just utility) is an organization that maintains the infrastructure for a public service (often also providing a service using that infrastructure). Public utilities are subject to forms of public control and ...
and
telecoms Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...
companies or nationalised companies such as
Network Rail Network Rail Limited is the owner (via its subsidiary Network Rail Infrastructure Limited, which was known as Railtrack plc before 2002) and infrastructure manager of most of the railway network in Great Britain. Network Rail is an "arm's leng ...
. Those relating to transport that have a duty through enactment to railways, canals and roads are defined under the
Environmental Protection Act 1990 The Environmental Protection Act 1990 (initialism: EPA) is an Act of the Parliament of the United Kingdom that defines, within England and Wales and Scotland, the fundamental structure and authority for waste management and control of emissions ...
( 98.6). In recognition of their special status, statutory undertakers have privileges regarding development and highways access. They are often exempt from
planning permission Planning permission or developmental approval refers to the approval needed for construction or expansion (including significant renovation), and sometimes for demolition, in some jurisdictions. It is usually given in the form of a building per ...
for small works through the General Permitted Development Order 2015. They may undertake certain works on public highways under the street works sections of New Roads and Street Works Act 1991 (Sections 48 to 106 in England and Wales, and the next set of sections in Scotland). They must inform the local council of minor-scale planned works, giving notice, often less than seven days; however considerably greater in the case of full road closures and closures of trunk roads, bridges and other key infrastructure. Before the 1991 deregulation the number of statutory undertakers was low – made up local and regional, gas, water and electricity boards and national telecoms providers. Since this date, it has increased. In most areas cable telecommunications companies and appointed contractors on behalf of local authorities have been granted a licence. This tends to be broadly empowering yet is always subject to the requirements of the 1991 Act. Some have been granted a licence by the UK government departments responsible for electronic communications and transport.


New Roads and Street Works Act 1991

This act consists of 171 sections. {, class= "wikitable" !Part!!Notable effects , - , Sections 1 to 26 form Part I: New Roads in England and Wales, , Concession of roads (to be typically leased)
Toll roads
Regulation of special roads
Modifications to the Highways Act 1980 (etc.) , - , Sections 27 to 47 form Part II: New Roads in Scotland, , Toll roads
Regulation of special roads
Modifications to the Roads (Scotland) Act 1984 , - , Sections 48 to 106 form Part III: Street works in England and Wales, , Street works licences
Register
Advance notice rules
The duty to co-ordinate
The duty of undertakers to co-operate
Streets subject to special controls, including s.64: Traffic-sensitive streets
General requirements as to execution of street works including safety and duty to avoid unnecessary delay
Reinstatement
Charges, fees and contributions payable by undertakers
Duties and liabilities of undertakers with respect to apparatus (most utilities and conduits) and sharing of cost of necessary measures
Provisions with respect to particular authorities and undertakings
Power of street authority or district council to do street works
Offences
Recovery of costs or expenses
Service of notices and other documents
Reckoning of periods.
Arbitration
Agreements inconsistent with Part III
Effect on certain and all other special enactments or instruments
Former controlled land
Meanings and index of expressions , - , Sections 107 to 165 form Part IV: Road works in Scotland, , Alike to Part III except:
s.120 to 123 help to govern Protected Roads, their designation, and roads with special engineering difficulties , - , Sections 166 to 171 form Part V: General, , Offences by bodies corporate or Scottish partnerships. Crown application. Minor and consequential amendments and repeals. Extent. Commencement. Short title.


External links


New Roads and Street Works Act 1991

City of Westminster FAQ on street works involving statutory undertakers





See also

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Town and country planning in the United Kingdom Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
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Land use planning Land use planning is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. More specifically, the goals ...
Utilities of the United Kingdom