
PART I
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;
 “the 1980 Act” means the Highways Act 1980;
 “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.
PART II
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) 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 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 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 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
SCHEDULE 1
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
SCHEDULE 2
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
SCHEDULE 3
Article 2(3)

Provisions of that Act Subject Matter
Section 65(1), (2), (4), (5) and (6) Safety measures