PART 2WORKS PROVISIONS

Principal powers

Application of the 1991 Act8

1

Works constructed or maintained under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

a

they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (highway authorities, highways and related matters) of that Act; or

b

they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 6447 (dual carriageways and roundabouts) of the 1980 Act or section 18448 (vehicle crossings over footways and verges) of that Act.

2

In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

3

The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

  • section 5649 (power to give directions as to timing of street works);

  • section 56A50 (power to give directions as to placing of apparatus);

  • section 5851 (restriction on works following substantial road works);

  • section 58A52 (restriction on works following substantial street works);

  • section 73A53 (power to require undertaker to re-surface street);

  • section 73B54 (power to specify timing etc. of re-surfacing);

  • section 73C55 (materials, workmanship and standard of re-surfacing);

  • section 78A56 (contributions to costs of re-surfacing by undertaker); and

  • Schedule 3A57 (restriction on works following substantial street works).

4

The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any prohibition, restriction, regulation, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 11 (temporary prohibition, restriction or regulation of use or alteration or diversion of streets) whether or not the prohibition, restriction, regulation, alteration or diversion constitutes street works within the meaning of that Act.

5

The provisions of the 1991 Act58 referred to in paragraph (4) are—

  • section 5459 (advance notice of certain works), subject to paragraph (6);

  • section 5560 (notice of starting date of works), subject to paragraph (6);

  • section 5761 (notice of emergency works);

  • section 5962 (general duty of street authority to co-ordinate works);

  • section 60 (general duty of undertakers to co-operate);

  • section 68 (facilities to be afforded to street authority);

  • section 69 (works likely to affect other apparatus in the street);

  • section 7563 (inspection fees);

  • section 76 (liability for cost of temporary traffic regulation); and

  • section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

6

Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a prohibition, restriction, regulation, alteration or diversion (as the case may be) required in a case of emergency.

7

Nothing in article 9 (construction and maintenance of new, altered or diverted streets and other structures)—

a

affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under that article to maintain a street or to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

b

has effect in relation to street works to which the provisions of Part 3 of the 1991 Act apply.