New Roads and Street Works Act 1991

86 Highway authorities, highways and related matters. E+W

(1) In this Part—

• “highway authority” and “local highway authority” have the same meaning as in the M1 Highways Act 1980; and

• “maintainable highway” means a highway which for the purposes of that Act is maintainable at the public expense.

(2) In this Part “works for road purposes” means works of any of the following descriptions executed in relation to a highway—

(a) works for the maintenance of the highway,

(b) any works under powers conferred by Part V of the Highways Act 1980 (improvement),

(c) the erection, maintenance, alteration or removal of traffic signs on or near the highway, or

(d) the construction of a crossing for vehicles across a footway or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles,

or works of any corresponding description executed in relation to a street which is not a highway.

(3) In this Part “major highway works” means works of any of the following descriptions executed by the highway authority in relation to a highway which consists of or includes a carriageway—

(a) reconstruction or widening of the highway,

(b) works carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts),

(c) substantial alteration of the level of the highway,

(d) provision, alteration of the position or width, or substantial alteration in the level of a carriageway, footway or cycle track in the highway,

(e) the construction or removal of a road hump within the meaning of section 90F of the Highways Act 1980,

(f) works carried out in exercise of the powers conferred by section 184 of the Highways Act 1980 (vehicle crossings over footways and verges),

(g) provision of a cattle-grid in the highway or works ancillary thereto, or

(h) tunnelling or boring under the highway.

(4) Works executed under section 184(9) of the Highways Act 1980 by a person other than the highway authority shall also be treated for the purposes of this Part as major highway works; and in relation to such works the references in sections 84 and 85 to the highway authority shall be construed as references to him.

Modifications etc. (not altering text)

C1 S. 86(3) extended (13.1.1999) by S.I. 1998/3269 art. 4(1)(a)

C2 S. 86(3) applied (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 3(1)(a) (with art. 38)

Marginal Citations

M1 1980 c. 66.