In the United Kingdom, statutory undertakers are the various 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 (s. 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 General Permitted Development Order 2015. They may undertake certain works on public highways under the street works sections of New Roads and Street Works Act 1991 (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
| Act of Parliament | |
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| Long title | An Act to amend the law relating to roads so as to enable new roads to be provided by new means; to make new provision with respect to street works and, in Scotland, road works; and for connected purposes. |
|---|---|
| Citation | 1991 c. 22 |
| Dates | |
| Royal assent | 27 June 1991 |
| Other legislation | |
| Repeals/revokes | Public Utilities Street Works Act 1950 |
Status: Current legislation | |
| Text of statute as originally enacted | |
| Text of the New Roads and Street Works Act 1991 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
This act consists of 171 sections.
| Part | Notable effects |
|---|---|
| Sections 1 to 26 form Part I: New Roads in England and Wales | Concession of roads (to be typically leased) Toll roads Regulation of special roads Modifications to the Highways Act 1980 (etc.) |
| Sections 27 to 47 form Part II: New Roads in Scotland | Toll roads Regulation of special roads Modifications to the Roads (Scotland) Act 1984 |
| Sections 48 to 106 form Part III: Street works in England and Wales | Street works licences Register Advance notice rules The duty to co-ordinate The duty of undertakers to co-operate Streets subject to special controls, including s.64: Traffic-sensitive streets General requirements as to execution of street works including safety and duty to avoid unnecessary delay Reinstatement Charges, fees and contributions payable by undertakers Duties and liabilities of undertakers with respect to apparatus (most utilities and conduits) and sharing of cost of necessary measures Provisions with respect to particular authorities and undertakings Power of street authority or district council to do street works Offences Recovery of costs or expenses Service of notices and other documents Reckoning of periods. Arbitration Agreements inconsistent with Part III Effect on certain and all other special enactments or instruments Former controlled land Meanings and index of expressions |
| Sections 107 to 165 form Part IV: Road works in Scotland | Alike to Part III except: s.120 to 123 help to govern Protected Roads, their designation, and roads with special engineering difficulties |
| Sections 166 to 171 form Part V: General | Offences by bodies corporate or Scottish partnerships. Crown application. Minor and consequential amendments and repeals. Extent. Commencement. Short title. |