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New Roads and Street Works Act 1991

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New Roads and Street Works Act 1991, Section 77 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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:

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

As to principal and other classified roads, see sections 12 and 13 of the M1Highways Act 1980.

Modifications etc. (not altering text)

C22Pt. 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)

C25Pt. 3 modified (20.11.2013) by The M1 Junction 10a (Grade Separation) Order 2013 (S.I. 2013/2808), arts. 1, 8(1)(2)

C49Pt. 3 applied (with modifications) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(2) (with arts. 55-57, Sch. 8 para. 13)

C64S. 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)

C66S. 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)

C74S. 77 applied (with modifications) (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), arts. 1, 8(9)(10) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

C77S. 77 applied (with modifications) (11.1.2006) by The Cambridgeshire Guided Busway Order 2005 (S.I. 2005/3523), arts. 1, 3(3)(4) (with art. 52)

C82S. 77 applied (with modifications) (13.12.2006) by The Luton Dunstable Translink Order 2006 (S.I. 2006/3118), arts. 1, 10(5)(6)

C83S. 77 applied (with modifications) (19.3.2007) by The Ouseburn Barrage Order 2007 (S.I. 2007/608), arts. 1, 8(2) (with arts. 46-48, Sch. 6 para. 23)

C100S. 77 applied (with modifications) (21.8.2013) by The Croxley Rail Link Order 2013 (S.I. 2013/1967), arts. 1, 4(1)(2)

C111S. 77 applied (with modifications) (19.8.2014) by The Network Rail (Huyton) Order 2014 (S.I. 2014/2027), arts. 1, 4(4) (with art. 31(2))

C120S. 77 applied (with modifications) (31.12.2014) by The Hornsea One Offshore Wind Farm Order 2014 (S.I. 2014/3331), arts. 1, 7(1)(2) (with arts. 37, 38)

C127S. 77 applied (with modifications) (21.4.2015) by The Network Rail (Ordsall Chord) Order 2015 (S.I. 2015/780), arts. 1, 4(2)(3) (with art. 36(2))

C138Ss. 54-106 applied (with modifications) (25.3.2016) by The Thorpe Marsh Gas Pipeline Order 2016 (S.I. 2016/297), arts. 1, 12(3) (with art. 39)

C162S. 77 applied (with modifcations) (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(4)(5) (with arts. 55-57, Sch. 8 para. 13)

C169S. 77 applied (with modifications) (13.3.2019) by The Port of Tilbury (Expansion) Order 2019 (S.I. 2019/359), arts. 1, 9(4)(5) (with arts. 55, 56)

C184S. 77 applied (with modifications) (19.6.2020) by The Cleve Hill Solar Park Order 2020 (S.I. 2020/547), arts. 1, 9(2)(g)(h) (with art. 37)

Marginal Citations

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