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PART 2WORKS PROVISION

Application of the 1991 Act

9.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part III of the 1991 Act (street works) as major highway works if they fall within any description of major highway works specified in paragraphs (a), (c) to (e), (g) or (h) of section 86(3) of that Act.

(2) In the provisions of the 1991 Act applied by paragraph (3), any reference to street works shall be construed as meaning the temporary or permanent stopping up, alteration or diversion of a street by the undertaker, whether or not the stopping up, alteration or diversion constitutes “street works” as defined by section 48(3) of that Act, or works in relation to which a right to execute works exists by virtue of section 105 (2) or (3) of that Act.

(3) The following provisions of the 1991 Act shall apply to works executed under this Order in a highway—