[F116 Modification of street works or road works provisions.E+W+S
(1)In relation to undertakers’ works in exercise of a power conferred by section 15(1) of this Act, the provisions of Part III or IV of the New Roads and Street Works Act 1991 (street works in England and Wales or road works in Scotland) have effect subject to the provisions of this section.
(2)The provisions of Schedule 4 or 6 of that Act (settlement of plan and section for works in streets or roads with special engineering difficulties) have effect subject as follows—
(a)the period under paragraph 7(2)(b) (period for responding to plan and section as submitted) shall be two months instead of one month;
(b)no modification of a plan and section shall be made which would involve [F2a diversion]; and
(c)a plan and section shall not be disapproved on the ground that there should be such a diversion.
(3)An arbitrator or arbiter appointed in pursuance of—
(a)paragraph 8(2) of Schedule 4 or 6 of that Act (settlement of plan and section in case of works in street or road with special engineering difficulties), or
(b)section 84(3) or 143(3) of that Act (settlement of necessary measures in case of apparatus affected by certain major works),
shall not provide for [F2a diversion].
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)No person shall be entitled to payment under section 85 or 144 of the New Roads and Street Works Act 1991 (sharing of costs in case of apparatus affected by certain major works) in respect of measures of his taken in connection with a pipe-line.]
Textual Amendments
F1S. 16 substituted (1.1.1993) for ss. 16 and 17 by New Road and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), SCh. 8 Pt. IV para. 101(3); S.I. 1992/2984, art. 2(2), SCh. 2 for E.W. and S.I. 1992/2990, art. 2(2), Sch. 2 for S.
F2Words in s. 16(2)(b) and (3) substituted (3.4.1999) by S.I. 1999/742, arts. 1, 2, Sch. para. 11
F3S. 16(4) repealed (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 11