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A
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Bill
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To
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Require
highway authorities, street authorities and statutory undertakers to
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give notice to residents and businesses
of road and street works; to provide for
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compensation if a notice is not issued;
and for connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Notice
in respect of works
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(1) Where
a highway authority or statutory undertaker proposes to undertake
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major highway works, works for road
purposes, or street works, it shall, before
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the commencement of the works, consult—
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(a) the
chief officer of police for the area in which the highway concerned
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is situated; and
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(b) such
other persons as may be prescribed by regulations made by the
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Secretary of State.
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(2) The
highway authority or statutory undertaker shall also—
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(a) publish
in one or more newspapers circulating in the area in which the
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highway concerned is situated,
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(b) place
at appropriate points on that highway, and
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(c) cause
to be sent to dwellings and businesses adjacent to the highway
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a
notice of the proposal stating the nature, dimensions and location of
the
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works.
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2 Penalty
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A statutory undertaker who executes works
in contravention of section 1
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commits an offence and is liable on summary
conviction to a fine not exceeding
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level 3 on the standard scale.
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3 Emergency
works
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(1) Nothing
in section 1
affects the right of an undertaker to execute emergency
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works.
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(2) An
undertaker executing emergency works shall inform residents and
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businesses of the reasons for and likely
duration of the works in a manner and
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within such period of time as the street
authority may prescribe.
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4 Compensation
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If, on a claim made to a highway authority
or statutory undertaker within the
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prescribed time and in the prescribed manner,
it is shown that a person has
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suffered loss or damage directly attributable
to any major highway works,
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works for road purposes or street works where
notice was not given as
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required under section 1
above, the highway authority or statutory undertaker
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shall pay that person compensation in respect
of that loss or damage.
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5 Regulations
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(1) A
power to make regulations under this Act is exercisable by statutory
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instrument.
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(2) The
Secretary of State may make regulations under this Act—
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(a) prescribing
which persons should be consulted for the purposes of
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section 1
above; and
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(b) prescribing
the time and manner in which a claim for compensation
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under section 4
may be made.
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(3) A
statutory instrument containing regulations under this Act is subject
to
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annulment in pursuance of a resolution
of either House of Parliament.
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6 Definitions
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In this Act—
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“emergency
works” has the same meaning as in section 57 of the New
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Roads and
Street Works Act 1991 (c. 22);
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“highway
authority” has the same meaning as in the Highways Act 1980
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(c. 66);
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“major
highway works” and “works for road purposes” have the
same
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meaning as
in section 86 of the New Roads and Street Works Act 1991;
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“street
works” and “statutory undertaker” have the same meaning
as in
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section 48
of the New Roads and Street Works Act 1991; and
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“street
authority” has the same meaning as in section 49 of the New Roads
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and Street
Works Act 1991.
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7 Money
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Expenditure
of the Secretary of State in consequence of this Act shall be paid out
of
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money
provided by Parliament.
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