Hertfordshire County Council v National Grid Gas Plc

Hertfordshire County Council v National Grid Gas Plc

Section 71(2) creates a single offence per date for failure to ensure reinstatement conforms to standards, not multiple offences for each defect; delays in remedial works are delays in reinstatement and prosecutable under s.70(2); s.66(1) applies only to the execution of street works, not reinstatement or remedial works.

Parties
Appellant/respondent: Hertfordshire County Council; Respondent/appellant: National Grid Gas plc
Jurisdiction
England and Wales
Judgment Date
02 November 2007
Procedural Posture
Appeal by Case Stated (administrative) / Divisional Court Judgment
Outcome
Both appeals dismissed; judge's decision upheld on all issues.
Legal Topics
Abuse of Process, Statutory Interpretation, Street Works, Prosecution of Multiple Offences, Remedial Works, Reinstatement Standards
Administrative Law Criminal Law Local Government Law Abuse of Process Statutory Interpretation Street Works Prosecution of Multiple Offences Remedial Works +1 more

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Parties

Hertfordshire County Council

Appellant/respondent

National Grid Gas plc

Respondent/appellant

Procedural Posture

Appeal by Case Stated (administrative) / Divisional Court Judgment

Legal Issues

  1. 1 Whether multiple informations under s.71(2) New Roads and Street Works Act 1991 for defects on the same date constitute multiple offences or a single offence
  2. 2 Whether delays in remedial works can be prosecuted under s.70(2) as delays in reinstatement
  3. 3 Whether s.66(1) applies to delays in remedial works or only to the execution of street works

Ratio Decidendi

Section 71(2) creates a single offence per date for failure to ensure reinstatement conforms to standards, not multiple offences for each defect; delays in remedial works are delays in reinstatement and prosecutable under s.70(2); s.66(1) applies only to the execution of street works, not reinstatement or remedial works.

Court Disposition

Both appeals dismissed; judge's decision upheld on all issues.

Orders

  • Affirmative answers to all questions posed in the case stated.
  • Proceedings under s.71(2) restricted to a single information per date.