Maria Miller – 2015 Parliamentary Question to the Department for Transport

The below Parliamentary question was asked by Maria Miller on 2015-11-17.

To ask the Secretary of State for Transport, for what reasons section 80 of the New Roads and Street Works Act 1991 has not been brought into force.

Andrew Jones

Section 80 of the New Roads and Street Works Act 1991 contains a duty on persons carrying out works in the carriageway. As the question indicates, this has never been brought into force. It concerns occasions where a person undertaking works in the street finds apparatus belonging to an undertaker that does not appear or differs from the underground asset records provided. In such cases, the person would be required to take steps to inform the owner, or keep a record of its location and inform the relevant local authority of the nature of what they have found and its location.

The associated section 79 (Records of location of apparatus) of the Act was brought into force in 2003. This section provides that those with apparatus under the street must maintain records of that apparatus, and provide it to those requesting it with a legitimate interest.

Some years ago, the industry considered how the requirements in section 80 might operate in practice if they were brought into force. I am aware that at the time, those undertaking street works felt that there would be challenges in identifying the asset owner and conveying the information in a way that would provide an accurate and reliable record for the future. This process could delay completion of the works, causing additional congestion to traffic and adding cost to the job. These consequences conflict with the aims of minimising disruption and cost in carrying out street works. The range of methods used to maintain records, and inconsistency in how the information could be conveyed raised concerns about the feasibility of doing this, and future liability issues.

No further consideration has been given to this matter recently.