Search Legislation

New Roads and Street Works Act 1991

Status:

This is the original version (as it was originally enacted).

General

25Application of provisions of the Highways Act 1980, &c

(1)The following provisions of the [1980 c. 66.] 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.

26Interpretation

(1)In this Part the following expressions have the same meaning as in the Highways Act 1980—

  • “highway authority”,

  • “local highway authority”,

  • “special road”,

  • “special road authority”, and

  • “traffic”;

and “special road scheme” means a scheme under section 16 of that Act authorising the provision of a special road.

(2)Where a concession agreement is entered into jointly by two or more local highway authorities, references in this Part to the highway authority shall be construed—

(a)as references to each of those authorities in relation to times, circumstances and purposes before the special road scheme becomes operative, and

(b)in relation to times, circumstances and purposes after the special road scheme becomes operative, as references to the authority which in accordance with the scheme is the special road authority.

(3)The expressions listed below are defined or otherwise fall to be construed for the purposes of this Part in accordance with the provisions indicated—

concession agreementsection 1(1)
concessionairesections 1(1) and 5(1)
extension toll ordersection 12(1)
highway authoritysection 26(1) and (2)
local highway authoritysection 26(1)
road subject to a concessionsection 1(2)
special roadsection 26(1)
special road authoritysection 26(1)
special road schemesection 26(1)
toll ordersection 6
toll periodsection 7
trafficsection 26(1).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources