New Roads and Street Works Act 1991

A couple of useful(?) definitions extracted from this Act.

For England and Wales -

48.

In this Part a "street" means the whole or any part of any of the following, irrespective of whether it is a thoroughfare -

(a)	any Highway, road, lane, Footway, alley or passage,
(b)	any square or court, and
(c)	any land laid out as a way whether it is for the time being formed as a way or not.

Where a street passes over a bridge or through a tunnel, references in this Part to the street include that bridge or tunnel.

The provisions of this Part apply to a street which is not a maintainable Highway subject to such exceptions and adaptations as may be prescribed.

s.48(2) carries the implication that a "street" may well be a non-maintainable Highway, which makes sense as (1) carries no implication of public rights.

For Scotland -

107.

In this Part a "road" means any way (other than a substitute road made under section 74(1) of the Roads (Scotland) Act 1984 or a waterway) whether or not there is over it a public right of passage and whether or not it is for the time being formed as a way; and the expression includes a square or court, and any part of a road. Where a street passes over a bridge or through a tunnel, references in this Part to the street include that bridge or tunnel.

Where a road passes over a bridge or through a tunnel, references in this Part to the road include that bridge or tunnel.

So for the purposes of this Act, Scottish "roads" may or may not be private, and may or may not be made up at all!

And then there is -

78.

. . .

"road" -

(a)	in England and Wales, means any length of Highway or of any other road to which the public has access, and includes bridges over which a road passes, and
(b)	in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

Last Updated ( Friday, 01 December 2006 )

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