41.— (1) In this section—

“local road”, “national road” , “public road” , “regional road” and “road” have the same meaning as in section 2 of the Roads Act 1993;

“pipes” includes sewers, drains, water mains, distribution systems, service connections or their accessories;

F32[ ‘road authority’ means—

(a) in the case of a toll road within the meaning of Part V of the Roads Act 1993, the National Roads Authority, and

(b) in all other cases, a local authority within the meaning of the Act of 2001, other than a local authority referred to in Part 2 of Schedule 6 to that Act.]

(2) A water services authority, or other person acting jointly with it or on its behalf, may, for the purpose of providing or assisting in the provision of water services, carry pipes through, across, over, under or along any public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the relevant road authority where the water services authority is not the road authority for that road or place intended for a road.

(3) Any person authorised by a water services authority to provide water services or any person providing water services jointly with or on behalf of that person, may, in respect of the provision of those services, carry pipes through, across, over, under or along a public road, or place intended for a public road, or under or over any cellar or vault which may be under the pavement or carriageway of any public road, or from time to time repair, alter, remove or replace the same, subject to the consent of the road authority for that road.

(4) Subject to any regulations that the Minister may make under subsection (6), a road authority may attach conditions to the granting of any consent under subsection (2) or (3), which shall be binding on the said water services authority or authorised provider of water services or person providing water services jointly with or on behalf of the water services authority or authorised provider of water services as the case may be.

(5) Without prejudice to the generality of subsection (4), conditions attaching to any consent may include—

(a) the periods during which and times at which works shall be or shall not be carried out,

(b) the period within which works shall be completed,

(c) the manner in which works shall be completed,

(d) requirements and standards in relation to the temporary or permanent reinstatement of a public road following the carrying out of works,

(e) requirements in relation to giving security, including refundable deposits, as the case may be, for the satisfactory reinstatement of a public road following the carrying out of works,

(f) requirements in relation to the co-ordination of work with other work being undertaken or proposed by other persons,

(g) requirements in relation to the control of traffic in the vicinity of works,

(h) requirements in relation to the supervision and inspection of works by the road authority,

(i) requirements in relation to the carrying out of additional works,

(j) requirements in relation to the provision of information to the public as to the extent or nature of the works or the period within which they shall be completed, and

(k) any other measures considered necessary by the road authority for the protection of human health or the environment, and to facilitate sustainable development.

(6) The Minister may, with the consent of the Minister for Transport, make regulations for the purposes of this section.

(7) Without prejudice to the generality of subsection (6), regulations under this section may include provision for—

(a) procedures for the administration of the consent process, including in relation to refusal or withdrawal of a consent,

(b) charges for administration of the consent process,

(c) matters to be taken into consideration by a road authority for the purposes of the consent process,

(d) conditions attaching to a consent,

(e) waiving or substitution of consent procedures in an emergency for the purposes of protecting human health and the environment,

(f) requirements and standards in relation to the reinstatement of roads,

(g) notification and public consultation requirements, or

(h) procedures when consent is refused or withdrawn, or an applicant for consent wishes to make representations in relation to conditions attaching to a consent.

(8) Regulations under this section may make different provisions for applications for consent for different classes of roads.

(9) A requirement to hold a licence under section 254 of the Act of 2000 in respect of works on, under, over or along a public road shall not apply to a person who has obtained the consent of a road authority under this section, in respect of the works to which the consent relates.

(10) A road authority shall have a right of action for relief by way of injunction or declaration from the High Court against any person to restrain any non-compliance or direct any compliance with a requirement of this section, and the Court may grant such order as it sees fit.

(11) For the purposes of this Act, where a person (other than a road authority) claims an interest in or under any road—

(a) it shall be for the person concerned to prove such interest, and

(b) the value of such interest shall be taken to be nil unless it is shown to be otherwise by the person.

(12) Section 182 of the Act of 2000 shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said section or in Part XIV or related Parts of the Act of 2000 shall be deemed to be a reference to a water services authority for the purposes of this Act.

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