Part 8 - Conferral of street work rights and their exercise

Infrastructure Bill [Lords] – in a Public Bill Committee at 3:30 pm on 15th January 2015.

Alert me about debates like this

Introductory

52 This Part of this code makes provision about—

(a) the conferral of street work rights, and

(b) the exercise of street work rights.

Streets and roads

53 In this Part of this code—

“road” means—

(a) a road in Scotland which is a public road;

(b) a road in Northern Ireland, other than any land comprised in the route of a special road (within the meaning of the Roads (Northern Ireland) Order 1993 (SI 1993/3160 (NI 15)));

“street” means a street in England and Wales which is a maintainable highway (within the meaning of Part 3 of New Roads and Street Works Act 1991), other than one which is a footpath, bridleway or restricted byway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture.

Conferral of street work rights

54 (1) An operator may exercise a street work right for the statutory purposes.

(2) But that is subject to the following provisions of this Part of this code.

The street work rights

55 (1) For the purposes of this code a “street work right”, in relation to an operator, is—

(a) a right to install and keep electronic communications apparatus in, on, under, over, along or across a street or a road;

(b) a right to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is installed or kept by the exercise of the right under paragraph (a);

(c) a right to carry out any works in, on, under, over, along or across a street or road for or in connection with the exercise of a right under paragraph (a) or (b);

(d) a right to enter any street or road to inspect, maintain, adjust, alter, repair, upgrade or operate electronic communications apparatus which is installed or kept by the exercise of the right under paragraph (a).

(2) The works that may be carried out under sub-paragraph (1)(c) include—

(a) breaking up or opening a street or a road;

(b) tunnelling or boring under a street or a road;

(c) breaking up or opening a sewer, drain or tunnel.

What happens to the street work rights if land ceases to be a street or road?

56 (1) This paragraph applies if an operator is exercising a street work right in relation to land immediately before a time when the land ceases to be a street or road.

(2) After that time, this Part of this code continues to apply to the land as if it were still a street or road (and, accordingly, the operator may continue to  exercise any street work right in relation to the land as if it were still a street or road).

(3) But sub-paragraph (2) is subject to sub-paragraphs (4) to (7).

(4) The application of this Part of this code to land in accordance with sub-paragraph (2) does not authorise the operator to install or keep any electronic communications apparatus that is not in place at the time when the land ceases to be a street or road.

(5) But sub-paragraph (4) does not affect the power of the operator to replace existing apparatus (whether in place at the time when the land ceased to be a street or road or a replacement itself authorised by this sub-paragraph) with new apparatus which—

(a) is not substantially different from the existing apparatus, and

(b) is not in a significantly different position.

(6) The occupier of land may, at any time after the land ceases to be a street or road, give the operator notice specifying a date on which this Part of this code is to cease to apply to the land in accordance with this paragraph (“notice of termination”).

(7) That date specified in the notice of termination must fall after the end of the period of 12 months beginning with the day on which the notice of termination is given.

(8) On the date specified in notice of termination in accordance with sub-paragraph (7), the street work rights cease to be exercisable in relation to the land in accordance with this paragraph.