9.—(1) The undertaker may, for the purposes of constructing and maintaining the authorised development, enter upon any street subject to works shown on the works plans and may—
(a)break up or open the street, or any sewer, drain or tunnel within or under it;
(b)tunnel or bore under the street;
(c)remove or use all earth and materials in or under the street;
(d)place and keep apparatus in the street;
(e)maintain apparatus in the street or change its position; and
(f)execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c), (d) and (e).
(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
(3) The powers conferred in paragraphs (1) and (2) are without prejudice to the powers of the undertaker under the Electricity Act 1989(1).
(4) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.
10.—(1) Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the relevant authority and, unless otherwise agreed with the relevant authority, shall be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the relevant authority.
(2) Where a street is altered or diverted under this Order, the altered or diverted part of the street shall, when completed to the reasonable satisfaction of the relevant street authority, unless otherwise agreed with the relevant street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the relevant street authority.
(3) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it shall be a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
(4) For the purposes of a defence under paragraph (3), the court shall in particular have regard to the following matters—
(a)the character of the street and the traffic which was reasonably to be expected to use it;
(b)the standard of maintenance appropriate for a street of that character and used by such traffic;
(c)the state of repair in which a reasonable person would have expected to find the street;
(d)whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to traffic; and
(e)where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,
but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.
(5) Nothing in this article shall—
(a)prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and the undertaker shall not by reason of any duty under that article to maintain a street be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or
(b)have effect in relation to the street works with regard to which the provisions of Part 3 of the 1991 Act apply.
(6) In this article—
(a)“relevant authority” means the relevant highway authority for all streets except footpaths where it will be the relevant local authority or street manager; and
(b)“street manager” has the same meaning as in the 1991 Act.
11.—(1) The undertaker may for the purposes of constructing and maintaining authorised development permanently alter the layout of or carry out any works in the streets specified in column (1) of Part 1 of Schedule 4 (streets subject to permanent alteration of layout), and temporarily alter the layout of or carry out any works in the street specified in column (1) of Part 2 of that Schedule (streets subject to temporary alteration of layout), in each case in the manner specified in relation to that street in column (2).
(2) Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraph (3), the undertaker may, for the purposes of constructing and maintaining the authorised development, permanently or temporarily alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limiting the scope of this paragraph, the undertaker may—
(a)increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;
(b)alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge;
(c)reduce the width of the carriageway of the street;
(d)make and maintain crossovers and passing places; and
(e)carry out works for the provision or alteration of parking places, loading bays and cycle tracks.
(3) Before reinstating any street which has been temporarily altered under this article, the undertaker shall restore the street to the reasonable satisfaction of the street authority.
(4) The powers conferred by paragraph (2) shall not be exercised without the consent of the street authority; but such consent shall not be unreasonably withheld and may be granted subject to reasonable conditions.
(5) If a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted consent.
(6) The procedure set out in paragraphs 3, 4 and 5 of Schedule 3 (discharge of requirements) has effect in relation to any consent required under this article where such consent is granted subject to conditions to which the undertaker objects, or is refused.
(7) Within a period of three months beginning with the date of the completion of any works carried out pursuant to this article, the undertaker must provide plans of the works as constructed to the street authority.
12.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets specified in columns (1) and (2) of Schedule 5 (streets to be permanently stopped up) to the extent specified and described in column (3) of that Schedule.
(2) No street specified in columns (1) and (2) of Schedule 5 shall be wholly or partly stopped up under this article unless—
(a)the new street to be constructed and substituted for it, which is specified in column (4) of that Schedule, has been constructed and completed to the reasonable satisfaction of the street authority and is open for use; or
(b)a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a).
(3) Where a street has been stopped up under this article—
(a)all rights of way over or along the street so stopped up shall be extinguished; and
(b)the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street as is bounded on both sides by land owned by the undertaker.
(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(5) This article is subject to article 35 (apparatus and rights of statutory undertakers in stopped up streets).
13.—(1) Works carried out under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) 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) of that Act (which defines what highway authority works are major highway works); or
(b)they are works which, had they been executed by the relevant highway authority, might have been carried out in exercise of the powers conferred by section 64 of the 1980 Act (dual carriageways and roundabouts).
(2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the carrying out of street works) and any regulations made, or code of practice issued or approved, under those provisions shall apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 14 (temporary stopping up of streets) and the carrying out of street works under article 9 (street works) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(3) The provisions of the 1991 Act referred to in paragraph (2) are—
section 54 (advance notice of certain works), subject to paragraph (4);
section 55 (notice of starting date of works), subject to paragraph (4);
section 57 (notice of emergency works);
section 59 (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 76 (liability for cost of temporary traffic regulation);
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.
(4) Sections 54 and 55 of the 1991 Act as applied by paragraph (3) shall have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.
14.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter or divert the use of any street and may for any reasonable time—
(a)divert the traffic from the street; and
(b)subject to paragraph (3), prevent all persons from passing along the street.
(2) Without prejudice to the scope of paragraph (1), the undertaker may use any street where the use has been temporarily stopped up, altered or diverted under the powers conferred by this article and within the Order limits as a temporary working site for the purposes of carrying out the authorised development.
(3) The undertaker shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.
(4) Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up, alter or divert the use of the streets specified in columns (1) and (2) of Parts 1 and 2 of Schedule 6 (streets to be temporarily stopped up) to the extent specified in column (3) of that Schedule and, if it does so in respect of a street specified in Part 1 of the Schedule, must provide the temporary diversion to be substituted as specified in column (4) of that Part.
(5) The undertaker shall not temporarily stop up, alter or divert the use of—
(a)any street specified as mentioned in paragraph (4) without first consulting the street authority; and
(b)any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent not to be unreasonably withheld.
(6) Any person who suffers loss by the suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(7) If a street authority which receives an application for consent under paragraph (5)(b) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted consent.
(8) The procedure set out in paragraphs 3, 4 and 5 of Schedule 3 (discharge of requirements) has effect in relation to any consent required under this article where such consent is granted subject to conditions to which the undertaker objects, or is refused.
15.—(1) The undertaker may, for the purposes of the authorised development—
(a)form and lay out means of access, or improve existing means of access, as specified in columns (1) and (2) of Schedule 7 (access to works); and
(b)with the consent of the relevant planning authority after consultation with the relevant highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.
(2) If a relevant planning authority which receives an application for consent under paragraph (1)(b) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted consent.
(3) The procedure set out in paragraphs 3, 4 and 5 of Schedule 3 (discharge of requirements) has effect in relation to any consent required under this article where such consent is granted subject to conditions to which the undertaker objects, or is refused.
16.—(1) A street authority and the undertaker may enter into agreements with respect to—
(a)the construction of any new street including any structure carrying the street over or under an electric line authorised by this Order;
(b)the maintenance of the structure of any bridge or tunnel carrying a street over or under an electric line authorised by this Order;
(c)the strengthening, improvement, repair or reconstruction of any street authorised by this Order;
(d)any stopping up, alteration or diversion of a street authorised by this Order; or
(e)the carrying out in the street of any of the works referred to in article 9 (street works).
(2) Such an agreement may, without prejudice to the generality of paragraph (1)—
(a)make provision for the street authority to carry out any function under this Order which relates to the street in question;
(b)include an agreement between the undertaker and the street authority specifying a reasonable time for the completion of the works; and
(c)contain such terms as to payment and otherwise as the parties consider appropriate.