Commentary on Sections Part 5: Highways and Roads Section 71: Guidance to local highway authorities as to safety precautions
194.Section 65 of NRSWA provides that undertakers operating under NRSWA must ensure, among other things, that their works are adequately signed, guarded and lit. The Secretary of State has exercised his power under that section to issue practical guidance to undertakers as to their responsibilities in this respect. Section 174(1)(a) and (1)(b) of the Highway Act 1980 places similar requirements upon persons executing works in a street (other than persons executing street works). Section 71 inserts a new power into section 174 of the Highways Act 1980 to enable the Secretary of State to issue guidance to persons and highway authorities in respect of these requirements.