- a reasonable period
means such period as is agreed by the authority and the undertaker to be reasonable or, in default of such agreement, is determined in the prescribed manner to be reasonable, for completion of the works in question.
- apparatus
includes any structure for the lodging therein of apparatus or for gaining access to apparatus;
- appropriate authority
means— (a) in England and Wales, the street authority within the meaning of Part III of the New Roads and Street Works Act 1991, and (b) in Scotland, the road works authority within the meaning of Part IV of that Act;
- approval order
means an order under section 74A(2);
- bank holiday
means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the locality in which the street in question is situated.
- bridge authority
means the authority, body or person in whom a bridge is vested.
- carriageway
has the same meaning— (a) in England and Wales, as in the Highways Act 1980, and (b) in Scotland, as in the Roads (Scotland) Act 1984;
- central register
means a register covering the areas of two or more street authorities.
- combined NUAR expenses
means the sum of— (a) expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under this Part (including expenses not directly connected with the keeping of NUAR), and (b) expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under Articles 45A to 45I of, and Schedule 2ZA to, the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (including expenses not directly connected with the keeping of the register kept under Article 45A(1) of that Order);
- combined NUAR income
means the sum of— (a) income received by the Secretary of State from fees payable under regulations under subsection (1), and (b) income received by the Secretary of State from fees payable under regulations under Article 45E(1) of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)).
- concession agreement
means an agreement entered into by a highway authority under which a person (the “concessionaire”), in return for undertaking such obligations as may be specified in the agreement with respect to the design, construction, maintenance, operation or improvement of a special road, is appointed to enjoy the right (conferred or to be conferred by a toll order under this Part) to charge tolls in respect of the use of the road.
- database right
has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);
- electric line
has the same meaning as in Part I of the Electricity Act 1989;
- emergency works
means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.
- enactment
includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
- existing scheme
means a scheme under section 16 made before the order comes into operation.”
- extension toll order
means a toll order made under section 30(1) authorising the charging of tolls for a new toll period;
- facilities for the collection of tolls
means such buildings, structures or other facilities within the boundary of the road, or on land adjoining the road, as are reasonably required for the purpose of or in connection with the collection of tolls in pursuance of a toll order.
- fixed penalty notice
means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.
- highway functions
means all functions in relation to the road subject to the concession which are exercisable, in whatever capacity, by the authority who are the highway authority;
- local authority
means a county, district or London borough council or the Common Council of the City of London but, in relation to Wales, means a county council or county borough council.
- local traffic authority
means a traffic authority other than the Secretary of State.”
- main road
means a special road, trunk road or a road classified as a principal road within the meaning of the Highways Act 1980 or the Roads (Scotland) Act 1984;
- maintainable highway
means a highway which for the purposes of that Act is maintainable at the public expense.
- major bridge works
means works for the replacement, reconstruction or substantial alteration of a bridge.
- major highway works
means works of any of the following descriptions executed by the highway authority in relation to a highway which consists of or includes a carriageway—
- major transport works
means substantial works required for the purposes of a transport undertaking and executed in property held or used for the purposes of the undertaking.
- major works for roads purposes
means works of any of the following descriptions executed by the roads authority in relation to a road which consists of or includes a carriageway—
- mayoral CCA
has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 101 of that Act);
- mayoral combined authority
has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 101 of that Act);
- non-Crown IP right
means any copyright, database right or other intellectual property right which is not owned by the Crown.
- personal data
has the same meaning as in that Act (see section 3(2) of that Act).
- prescribed
means—
- prescribed charge
means such charge as may be specified in, or calculated in accordance with, regulations made by the Secretary of State.
- principal road
refers to a road classified as such by the Secretary of State under section 11 of that Act.
- processing
has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act) and “process” is to be read accordingly.
- proposed order
includes an order made by a local roads authority and submitted to the Secretary of State.”
- public charge point
means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
- public road
means a road which a roads authority have a duty to maintain.
- public sewer
has the same meaning as in the Sewerage (Scotland) Act 1968;
- railway
includes a light railway other than one in the nature of a tramway (see the definition of “tramway” below);
- reinstatement
includes making good;
- relevant activities
means any activity, other than the execution of works in the street or the use of the street by traffic (including pedestrians), which—
- relevant function
means a function of the Secretary of State conferred by or under this Part (including the function of charging or recovering fees under regulations under section 106E) other than—
- road
means any way (other than a substitute road made under section 74(1) of the Roads (Scotland) Act 1984 or a waterway) whether or not there is over it a public right of passage and whether or not it is for the time being formed as a way;
- road with special engineering difficulties
means a road for the time being designated under section 122 as having special engineering difficulties.
- road works
means works for any purposes other than roads purposes, being works of any of the following kinds executed in a road in pursuance of a statutory right or with permission granted under section 109— or works required for or incidental to any such works (including, in particular, breaking up or opening the road, or any sewer, drain or tunnel under it, or tunnelling or boring under the road).
- special enactment
means an enactment which is not a public general enactment, and includes— (a) any Act for confirming a provisional order, (b) any provision of a public general Act in relation to the passing of which any of the Standing Orders of the House of Lords or the House of Commons relating to Private Business applied, and (c) any enactment to the extent that it is incorporated or applied for the purposes of a special enactment;
- special road
has the same meaning as in that Act;
- special road scheme
means a scheme under section 16 of that Act authorising the provision of a special road.
- statutory right
means a right (whether expressed as a right, a power or otherwise) conferred by an enactment (whenever passed or made), other than (a) a right exercisable by virtue of a street works licence, or (b) a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA). • “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
- street
means the whole or any part of any of the following, irrespective of whether it is a thoroughfare—
- street with special engineering difficulties
means a street for the time being designated under section 63 as having special engineering difficulties.
- street works
means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence— or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
- street works permit
means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;
- substantial street works
means street works of such description as may be prescribed.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
- the former licensee
means the person who immediately before the expiry, withdrawal or surrender of a street works licence was the licensee or, if that person has died, his personal representatives.
- toll order
means an order under section 27 authorising the charging of tolls;
- toll period
has the meaning given in section 29(1).
- traffic
includes pedestrians and animals;
- tramway
means a system, mainly or exclusively for the carriage of passengers, using vehicles guided, or powered by energy transmitted, by rails or other fixed apparatus installed exclusively or mainly in a street.
- transfer of the power to approve
means the power to make an order approving a local highway authority becoming exercisable by a mayor by virtue of this section, whether— (a) on the 2026 Act commencement (in relation to the Mayor of London or a mayoral combined authority or mayoral CCA existing at that commencement), or (b) subsequently (in relation to a mayoral combined authority or mayoral CCA that is established, or that becomes a mayoral combined authority or mayoral CCA, after the 2026 Act commencement);
- transport authority
means the authority, body or person having the control or management of a transport undertaking;
- transport undertaking
means a railway, tramway, dock, harbour, pier, canal or inland navigation undertaking of which the activities, or some of the activities, are carried on under statutory authority.
- unacceptable diversion
means a lateral diversion of a pipe-line beyond the limits of lateral diversion permissible in relation to it. 5 No person shall be entitled to payment under section 85 or 144 of the New Roads and Street Works Act 1991 (sharing of costs in case of apparatus affected by certain major works) in respect of measures of his taken in connection with a pipe-line.”
- unacceptable diversion or change
means— a a lateral diversion of a government oil pipe-line to which the Minister on whose behalf the works are to be executed does not consent, or b a change of the site of accessory works which would necessitate such a diversion.”
- works for road purposes
means works of any of the following descriptions executed in relation to a highway— or works of any corresponding description executed in relation to a street which is not a highway.