Commentary Part 7: Miscellaneous provisions Section 124: Street works: reinstatement and remedial works
306.This section amends the New Roads and Street Works Act 1991 (c.22).
307.Section 48(3) of that Act defines “street works” for the purposes of Part 3 of the Act. Subsection (2) of section 124 inserts a new subsection (3A) into section 48 to clarify that the meaning of “street works” includes reinstatement of the street and, where an undertaker has failed to comply with his duties under Part 3 with respect to reinstatement of the street, any remedial works.
308.Section 50(1) of the New Roads and Street Works Act 1991 provides a power for street authorities to grant “street works licences” permitting, for example, apparatus to be placed, retained or inspected and to execute any works required for or incidental to such works.   Subsection (3) of section 124 amends that section to clarify that reinstatement and, where an undertaker has failed to comply with his duties under Part 3 with respect to reinstatement of the street, any remedial works are works required for or incidental to works carried out under a street works licence.
309.Section 124 extends to England and Wales.