SECTION 50 (1) NEW ROADS AND STREET WORKS ACT 1991
THIS LICENCE is given this
day of
by THE SECRETARY OF STATE FOR
TRANSPORT to ………………………………………………..
…………………………………………………………….………
……………………………………………………………………..
WHEREAS:
(“the highway”)
The Secretary of State for Transport is the street authority for the
shown on the plan entitled
annexed to this Licence (“the Plan”).
NOW THEREFORE:
1.
(1) In this Licence:
(a)
“the Secretary of State” means the Secretary of State for Transport and his successors as street
authority for the highway; and
(b)
“the Licensee” means …………………………………………. or such person or persons as are
for the time being entitled by virtue of this Licence to do anything permitted by this Licence to be done.
(2) In clause 3 below, “Works” mean works under the permission given by clause 2 below and any works in
connection with such works.
2.
The Secretary of State in exercise of his powers under section 50 (1) of the New Roads and Street Works Act
1991 and all other enabling powers hereby permits the Licensee at any time after the date of this licence and
subject to the conditions in clauses 3 to 7 below and those contained in Schedule A attached to this licence(a) to place in the highway ……………………………………
(“the Apparatus”) at the locations
shown marked on the plan;
(b) thereafter to inspect, maintain, adjust, repair, alter, renew, remove or change the position of the
Apparatus; and,
(c) to execute works required for or incidental to works under paragraph (a) or (b) of this clause,
including without prejudice to the generality of this paragraph, to break up or open the highway or
any sewer, drain or tunnel under it or to tunnel or bore under the highway.
3.
The Licensee shall:
(a) carry out any works in a sound and workmanlike manner, to the satisfaction of the Secretary of State
and in accordance with plans, drawings, specifications and a timetable approved by the Secretary of
State before those works commence;
(b) ensure that, while any works are being carried out, the highway is kept free from mud, soil and litter;
(c) maintain in good repair and condition the apparatus and any other apparatus connected with the
apparatus;
(d) so far as possible carry out all maintenance, repair and other works under this Licence without
disturbance to the highway and so that the highway remains open to traffic at all times;
(e) so far as possible locate and gain access to the Apparatus when necessary without entering on the
highway except in exercise of the public right of way along the highway;
(f) remove the Apparatus from the highway if the Secretary of State considers that such removal is in the
opinion of the Secretary of State necessary for the purpose of the exercise of his functions as highway
authority for the highway or for any other reason, and serves not less than 6 months’ notice upon the
Licensee requiring such removal;
(g) if the Secretary of State undertakes any work of construction, improvement or repair to or in
connection with the highway, pay to the Secretary of State such proportions of the cost of that
construction, improvement or repair and the anticipated cost of future maintenance thereon over the
ensuing period of fifty years as the Secretary of State may certify to be attributable to the presence
under the highway of the apparatus;
4.
If in the opinion of the Secretary of State the Licensee is in breach of any provision of this Licence, the
Secretary of State may undertake such works as appear to him to be expedient to ensure compliance with that
provision, and the cost incurred by the Secretary of State in undertaking any such works shall be paid to the
Secretary of State by the Licensee on demand.
5.
The Licensee may not surrender this Licence except on the expiry of not less than one months’ notice to the
Secretary of State, and any such surrender shall be without prejudice to any rights of the Licensee or the
Secretary of State arising from anything done or omitted to be done before the date of surrender.
6.
Any notice or other document to be served under this Licence shall be sufficiently served:
(a) upon the Secretary of State if delivered at or posted addressed to the Highways Agency, …
(b) upon the licensee if delivered at or posted addressed to …………………
whose registered
office is as above.
Service by post shall be effected by properly addressing, pre-paying and sending the notice or other document
by registered post or by the recorded delivery service and shall be deemed to have been effected at the time at
which the letter would be delivered in the ordinary course of such post.
7.
The rights conferred on the Licensee by this Licence may be assigned by the Licensee, but only with the
consent of the Secretary of State and subject to the obligations placed on the Licensee by this Licence.
8.
The Licensee shall pay to the Secretary of State on execution of this Licence the sum of £ ………….
respect of the Secretary of State’s expenses in connection with the grant of this Licence.
SIGNED on behalf of
in the presence of:
SIGNED on behalf of
THE SECRETARY OF STATE FOR TRANSPORT
by
authorised by the Secretary of State,
in
___________________________
THE
SECRETARY OF STATE
FOR
TRANSPORT
- and -
_________________________________
LICENCE
under section 50 (1) of the
New Roads and Street Works Act 1991
_________________________________
Highways and Freight Division,
General Counsel's Office,
Department for Transport,
1/14 Great Minster House,
33 Horseferry Road,
London SW1P 4DR
Ref:
Schedule A
A.
The Licensee shall in all respects comply with relevant duties and responsibilities imposed by the New Roads
and Street Works Act 1991 and Secondary Legislation and Codes of Practice.
B.
The Licensee MUST give at least SEVEN DAYS advance notice of the intended starting date to the Street
Authority prior to any works being undertaken. This condition applies equally to Permanent Reinstatement
works, if undertaken separately from the main works, and remedial works.
C.
The Licensee must inform the Street Authority of the completion of the reinstatement by the end of the
following working day, stating whether it is interim or permanent. If an interim reinstatement is carried out
this must be made permanent within 6 months. When undertaking a permanent reinstatement please notify the
Street Authority prior to any works undertaken.
D.
Within SEVEN DAYS of completion of the work the Licensee shall complete and submit Form TRF11B to
the Secretary of State along with an updated as built plan of the installed apparatus. The plan shall meet the
format and accuracy requirements of the HAUC Code of Practice for Recording Underground Apparatus in
Streets. This plan is to be updated with each and every change in the apparatus or its location.
E.
If the Licensee intends to surrender his licence in accordance with paragraph 5 of this Licence then the
Licensee shall:
(i) in the event of a transfer of the licence give written notice to the Street Authority stating to whom the
benefit of the Licence is to be transferred and the date of transfer, and
(ii) in the event of abandonment of the apparatus comply with any directions given by the Secretary of
State in respect of the removal of the apparatus from the street.
F.
In obtaining this licence, the licensee becomes an undertaker (NRSWA S.48(4)). As such he is required to
comply with Section 79 of the Act and the Code of Practice for Recording of Underground Apparatus in
Streets, in that a record of the apparatus to be installed is to be provided to the Street Authority in the form
prescribed in the Code of Practice. The Agency will discharge this duty for the licensee by preparing the
record and the cost of this is included in the licence fee.