New Roads and Street Works Act 1991

25 Application of provisions of the Highways Act 1980, &c. E+W

(1) The following provisions of the M1 Highways Act 1980 apply for the purposes of this Part as if it were a part of that Act—

• section 302 (inquiries),

• section 303 (penalty for obstructing execution of Act),

• section 312 (restriction on institution of proceedings for offence),

• section 319 (judges and justices not to be disqualified by liability to rates),

• sections 320 to 322 (provisions as to notices), and

• section 323 (reckoning of periods).

(2) Nothing in this Part shall be construed as restricting the powers of a highway authority with respect to a road subject to a concession—

(a) as to the matters which may be provided for in the concession agreement or as to the making of agreements of any other description for any purpose connected with the special road; or

(b) as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the authority is required, in connection with the road, for any purpose for which the authority may acquire land under Part XII of the Highways Act 1980.

(3) Nothing in a concession agreement shall be construed as affecting the status of the road subject to the concession as a highway maintainable at the public expense.

Marginal Citations

M1 1980 c. 66.