In the United Kingdom, statutory undertakers are companies and agencies given general licence to carry out certain development and highways works. Generally these are utilities and telecoms companies or nationalised companies such as Network Rail. Those relating to transport that have a duty through enactment to railways, canals and roads are defined under the Environmental Protection Act 1990 ( 98.6).
In recognition of their special status, statutory undertakers have privileges regarding development and highways access. They are often exempt from planning permission for small works through the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596). They may undertake certain works on public highways under the street works sections of New Roads and Street Works Act 1991 (c. 22) (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
The New Roads and Street Works Act 1991 (c. 22) consists of 171 sections. PartNotable effectsSections 1 to 26 form Part I: New Roads in England and WalesConcession of roads (to be typically leased)Toll roadsRegulation of special roadsModifications to the Highways Act 1980 (etc.)Sections 27 to 47 form Part II: New Roads in ScotlandToll roadsRegulation of special roadsModifications to the Roads (Scotland) Act 1984Sections 48 to 106 form Part III: Street works in England and WalesStreet works licencesRegisterAdvance notice rulesThe duty to co-ordinateThe duty of undertakers to co-operateStreets subject to special controls, including s.64: Traffic-sensitive streetsGeneral requirements as to execution of street works including safety and duty to avoid unnecessary delayReinstatementCharges, fees and contributions payable by undertakersDuties and liabilities of undertakers with respect to apparatus (most utilities and conduits) and sharing of cost of necessary measuresProvisions with respect to particular authorities and undertakingsPower of street authority or district council to do street worksOffencesRecovery of costs or expensesService of notices and other documentsReckoning of periods.ArbitrationAgreements inconsistent with Part IIIEffect on certain and all other special enactments or instrumentsFormer controlled landMeanings and index of expressionsSections 107 to 165 form Part IV: Road works in ScotlandAlike to Part III except:s.120 to 123 help to govern Protected Roads, their designation, and roads with special engineering difficultiesSections 166 to 171 form Part V: GeneralOffences by bodies corporate or Scottish partnerships. Crown application. Minor and consequential amendments and repeals. Extent. Commencement. Short title.
Notes
External links New Roads and Street Works Act 1991 City of Westminster FAQ on street works involving statutory undertakers General Permitted Development Order 1995 Environmental Protection Act 1990
See also Town and country planning in the United Kingdom Land use planning