212—Power to carry out roadwork
(1) A council may
carry out roadwork in its area or, by agreement with another council, in the
area of another council.
(2) A council may do
anything reasonably necessary for, or incidental to, roadwork.
Examples—
• The council
may store road materials by the roadside in the vicinity of the work.
• The council
may temporarily close the road or establish temporary roads for the diversion
of traffic.
• The council
may erect temporary fences or barriers, erect signals or signs or give or
display notices associated with the carrying out of the roadwork.
(3) However—
(a) a
council must, in carrying out roadwork, comply with any relevant requirement
under the Road Traffic Act 1961 ; and
(b) a
council must, before carrying out roadwork in relation to a road that runs
into or intersects with a highway (and that may have an effect on the users of
that highway), consult with the Commissioner of Highways; and
(c) a
council may only carry out roadwork in relation to a private road if—
(i)
the owner agrees; or
(ii)
the council has given the owner reasonable notice of the
proposed roadwork and a reasonable opportunity to make representations and has
considered any representations made in response to the notice; or
(iii)
the identity or whereabouts of the owner is unknown to
the council; and
(d) a
council may only carry out roadwork on other private land with the agreement
of the owner (unless otherwise provided by this Act).