New Roads and Street Works Act 1991

77 Liability for cost of use of alternative route. E+W

(1) Where by reason of street works the use of a highway is restricted or prohibited and the diverted traffic uses as an alternative route a highway of a lower classification, the undertaker shall indemnify the highway authority for the latter highway in respect of costs reasonably incurred by them—

(a) in strengthening the highway, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or

(b) in making good any damage to the highway occurring in consequence of the use by it of the diverted traffic.

(2) For this purpose the order of classification of highways, from higher to lower, is as follows:

1	Trunk roads.
2	Principal roads.
3	Other classified roads.
4	Other highways.

As to principal and other classified roads, see sections 12 and 13 of the M1 Highways Act 1980.

Modifications etc. (not altering text)

C1 Pt. 3 modified (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 3(1)

C2 Pt. 3 modified (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(1)(2) (with arts. 65, 66)

C3 S. 77 applied (4.4.1996) by S.I. 1996/937, art. 8(4)(5)

S. 77 applied (13.1.99) by S.I. 1998/3269, art. 4(2)(3)

S. 77 applied (27.8.98) by S.I. 1998/1936, art. 4(3)

S. 77 applied (21.5.1997) by S.I. 1997/1266, art. 5(2)(3)

S. 77 applied (10.2.1997) by S.I. 1996/264, art. 8(6)(7)

S. 77 applied (with modifications) (30.4.1999) by S.I. 1999/1306, art. 8(4)(5)

S. 77 applied (with modifications) (21.7.1999) by S.I. 1999/2129, art. 8(5)(6)

S. 77 applied (with modifications) (20.8.1999) by S.I. 1999/2336, art. 9(5)(6)(8)

S. 77 applied (with modifications) (23.8.1999) by S.I. 1999/2981, art. 7(5)(6)

S. 77 applied modifications (11.11.1996) by S.I. 1996/2714, art. 4(2)(3)

S. 77 applied (with modifications) (29.3.2001) by S.I. 2001/1348, art. 21(3)-(5)

S. 77 applied (with modifications) (29.3.2001) by S.I. 2001/1347, art. 3(3)

S. 77 applied (with modifications) (18.7.2001) by S.I. 2001/2870, art. 10(6)

S. 77 applied (with modifications) (24.7.2001) by S.I. 2001/3627, art. 4(3)(4)

S. 77 applied (with modifications) (9.11.2001) by S.I. 2001/3682, art. 8(6)

C4 S. 77 applied (with modifications) (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 9(4)(5) (with art. 38);

S. 77 applied (with modifications) (30.4.2002) by The Docklands Light Railway (Silvertown and London City Airport Extension) Order 2002 (S.I. 2002/1066), art. 3(3)(4);

S. 77 applied (with modifications) (31.5.2002) by The Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 (S.I. 2002/1327), art. 3(3)

C5 S. 77 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), arts. 1, 13(6)(7)(8) (with art. 40)

C6 S. 77 applied (with modifications) (2.4.2004) by The Docklands Light Railway (Woolwich Arsenal Extension) Order 2004 (S.I. 2004/757), arts. 1, 3(3)(4)

C7 S. 77 applied (with modifications) (19.11.2004) by The Scarweather Sands Offshore Wind Farm Order 2004 (S.I. 2004/3054), arts. 1, 6(4)(5) (with art. 38)

C8 S. 77 applied (with modifications) (11.2.2005) by The Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 4(4)(5) (with arts. 65, 66)

Marginal Citations

M1 1980 c. 66.