SECTION 50 (1) NEW ROADS AND STREET WORKS ACT 1991
THIS LICENCE is given this day of by Highways England to ………………………………………………..
…………………………………………………………….………
……………………………………………………………………..
WHEREAS:
Highways England is the street authority for the (“thehighway”) shown on the plan entitled annexed to this Licence (“the Plan”).
NOW THEREFORE:
1.(1)In this Licence:
(a)“the Highways England” means Strategic Highways Companyfor 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.Highways England in exercise of its 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 Highways England and in accordance with plans, drawings, specifications and a timetable approved by Highways England 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 Highways England considers that such removal is in the opinion of Highways England 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 Highways England undertakes any work of construction, improvement or repair to or in connection with the highway, pay to Highways England 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 Highways England may certify to be attributable to the presence under the highway of the apparatus;
4.If in the opinion of Highways England the Licensee is in breach of any provision of this Licence, Highways England may undertake such works as appear to him to be expedient to ensure compliance with that provision, and the cost incurred by Highways England in undertaking any such works shall be paid to Highways England 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 Highways England, and any such surrender shall be without prejudice to any rights of the Licensee or Highways England 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 Highways England if delivered at or posted addressed to the Highways England, …
(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 Highways England and subject to the obligations placed on the Licensee by this Licence.
8.The Licensee shall pay to Highways England on execution of this Licence the sum of £ ………….in respect of Highways England’s expenses in connection with the grant of this Licence.
SIGNED on behalf of
in the presence of:
SIGNED on behalf of
HIGHWAYS ENGLAND
by
Authorised by
Highways England Company Limited to sign this Licence
______
Highways England Company Limited,
General Counsel's Office,
Bridge House,
1 Walnut Tree Close,
Guildford,
Surrey GU1 4LZ
`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 TENDAYS 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 Highways England 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 Highways England 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.