The Associated British Ports (Immingham Green Energy Terminal) Order 2025

Application of the 1991 Act

8.—(1) Works carried out under this Order in relation to a highway which consists of or includes a carriageway is to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act 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) (highway authorities, highways and related matters) of the 1991 Act; 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(1) (dual carriageways and roundabouts) of the 1980 Act.

(2) In Part 3 of the 1991 Act references to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.

(3) The following provisions of the 1991 Act do not apply in relation to any works constructed under the powers of this Order—

(a) section 56(2) (directions as to timing as to timing of street works);

(b) section 56A(3) (powers to give directions as to placing of apparatus);

(c) section 58(4) (restriction on works following substantial road works);

(d) section 58A(5) (restriction on works following substantial street works);

(e) section 73A(6) (power to require undertaker to re-surface street);

(f) section 73B(7) (power to specify timing etc. of re-surfacing);

(g) section 73C(8) (materials, workmanship and standard of re-surfacing);

(h) section 78A(9) (contributions to costs of re-surfacing by undertaker); and

(i) Schedule 3A(10) (restriction on works following substantial street works).

(4) The provisions of the 1991 Act referred to in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under those provisions, apply (with necessary modifications) in relation to—

(a) any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 13 (temporary stopping up and prohibition or restriction of use of streets and public rights of way) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act; and

(b) any alteration of the layout of or the carrying out of any works in the street by the undertaker under the powers conferred by article 9 (power to alter layout, etc., of streets) whether or not the alteration of the layout of or the carrying out of the works constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act(11) referred to in paragraph (4) are—

(a) section 54(12) (advance notice of certain works), subject to paragraph (6);

(b) section 55(13) (notice of starting date of works), subject to paragraph (6);

(c) section 57(14) (notice of emergency works);

(d) section 59(15) (general duty of street authority to co-ordinate works);

(e) section 60 (general duty of undertakers to co-operate);

(f) section 68 (facilities to be afforded to street authority);

(g) section 69 (works likely to affect other apparatus in the street);

(h) section 75(16) (inspection fees);

(i) section 76 (liability for cost of temporary traffic regulation); and

(j) section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purpose of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were references to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 10 (construction and maintenance of new, altered or diverted streets)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under that article to maintain a street or to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(b) has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

(1)

Section 64 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and Schedule 9 to the New Roads and Street Works Act 1991 (c. 22).

(2)

Section 56 was amended by sections 40 and 43 of, and paragraph 1 of Schedule 1 to, the Traffic Management Act 2004 (c. 18).

(3)

Section 56A was inserted by section 44 of the Traffic Management Act 2004.

(4)

Section 58 was amended by sections 40 and 51 of the Traffic Management Act 2004.

(5)

Section 58A was inserted by section 52 of the Traffic Management Act 2004.

(6)

Section 73A was inserted by section 55 of the Traffic Management Act 2004.

(7)

Section 73B was inserted by section 55 of the Traffic Management Act 2004.

(8)

Section 73C was inserted by section 55 of the Traffic Management Act 2004.

(9)

Section 78A was inserted by section 57 of the Traffic Management Act 2004.

(10)

Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

(11)

Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

(12)

Section 54 was amended by section 49(1) of the Traffic Management Act 2004.

(13)

Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

(14)

Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

(15)

Section 59 was amended by section 42 the Traffic Management Act 2004.

(16)

Section 75 was substituted by section 58(2) of the Traffic Management Act 2004.