New Roads and Street Works Act 1991

167 Crown application. E+W+S

(1) The provisions of section 327 of the M1 Highways Act 1980 (application of Act to Crown land) apply in relation to the provisions of Part I of this Act (new roads in England and Wales) as in relation to the provisions of that Act; and the provisions of section 146 of the M2 Roads (Scotland) Act 1984 (application of Act to Crown land) apply in relation to the provisions of Part II of this Act (new roads in Scotland) as in relation to the provisions of that Act.

(2) Subject to any regulations under subsection (3), th136.e provisions of Parts I and II of this Act have effect in relation to persons in the public service of the Crown, vehicles belonging to, or used for the purposes of, a Minister of the Crown or Government department [F1 or as respects Part II of this Act any part of the Scottish Administration] and things done, or omitted to be done, in connection with such vehicles by such persons as they have effect in relation to other persons or vehicles.

(3) The Secretary of State may by regulations provide that in their application in relation to—

(a) vehicles belonging to the Crown and used for naval, military or air force purposes,

(b) vehicles used for the purposes of any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the M3 Visiting Forces Act 1952, or

(c) vehicles used for the purposes of any headquarters or organisation designated by an Order in Council under section 1 of the M4 International Headquarters and Defence Organisations Act 1964,

the provisions of Parts I and II of this Act shall have effect subject to such modifications as may be prescribed.

For this purpose “modifications” includes additions, omissions and alterations.

[F2 The power to make regulations in terms of this subsection does not extend to the Scottish Ministers.]

(4) The provisions of Parts III and IV of this Act (street works in England and Wales and road works in Scotland) bind the Crown.

(5) Nothing in subsection (4) shall be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 167(2) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 103; S.I. 1998/3178, art. 3

F2 Words in s. 167(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 103; S.I. 1998/3178, art. 3

Commencement Information

I1 S. 167 wholly in force; s. 167(1)(2)(3)(6) in force (S.) at 21.10.1991 so far as relating to Pt. II see s. 170(1) and S.I. 1991/2286, art. 2(1), Sch. 1; s. 167(1)(2)(3)(6) in force (E.W.) at 01.11.1991 by S.I. 1991/2288, art. 3, Sch.; s. 167(4)(5) in force (in so far as these subsections relate to the provisions of Pt. IV) at 14.7.1992 by S.I. 1992/1671, art. 2, Sch.; and s. 167(4)(5) in force (so far as they relate to England and Wales) at 14.7.1992 by S.I. 1992/1686, art. 3, Sch.

Marginal Citations

M1 1980 c. 66.

M2 1984 c. 54.

M3 1952 c. 67.

M4 1964 c. 5.