63 Streets with special engineering difficulties.E+W
(1)The provisions of Schedule 4 have effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties.
(2)The Secretary of State may prescribe—
(a)the criteria for designating a street as having special engineering difficulties,
(b)the procedure for making or withdrawing such a designation, and
(c)the information to be made available by a street authority as to the streets for the time being so designated by them.
(3)Where a local highway authority are asked to designate a street as having special engineering difficulties—
(a)by a transport authority on the ground of the proximity of the street to a structure belonging to, or under the management or control of, the authority, or
(b)by an undertaker having apparatus in the street,
and decline to do so, the transport authority or undertaker may appeal to the Secretary of State who may direct that the street be designated.
(4)The designation of a street as having special engineering difficulties shall not be withdrawn except after consultation with any transport authority or undertaker at whose request the designation was made; and a designation made in pursuance of a direction by the Secretary of State shall not be withdrawn except with his consent.
Modifications etc. (not altering text)
C1Pt. 3 applied (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(1) (with art. 52)
C2Pt. 3 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 8
C3Pt. 3 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 17 para. 1(3)
C4Pt. 3 applied (with modifications) (9.4.2013) by The Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648), arts. 1, 9 (with arts. 48, 68, 79)
C5Ss. 54-106 applied (28.2.2013) by The Rookery South (Resource Recovery Facility) Order 2011 2013 (S.I. 2013/680), art. 10(3)
C6Ss. 54-106 applied (9.4.2013) by The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 (S.I. 2013/675), arts. 1, 9(2)
C7Ss. 54-106 applied (15.6.2013) by The Galloper Wind Farm Order 2013 (S.I. 2013/1203), arts. 1, 13(3) (with arts. 11, 12)
C8Ss. 54-106 applied (15.8.2013) by The North Blyth Biomass Power Station Order 2013 (S.I. 2013/1873), arts. 1, 9(3) (with art. 30)
C9S. 63(1) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 14(7)