PART IIIMATTERS CONCERNING WORKS

Application of New Roads and Street Works Act 1991

21.—(1) The road works shall be treated as major highway works for the purposes of Part III of the 1991 Act.

(2) In Part III of the 1991 Act, references, in relation to major highway works, to the highway authority concerned shall, in relation to works which are major highway works by virtue of paragraph (1) above, be construed as references to the Executive; provided that nothing in this paragraph shall affect the operation of section 39 of the 1993 Act as applied by article 20(2) above.

(3) The provisions of the 1991 Act mentioned in paragraph (4) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the Executive under the powers conferred by this Part where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Executive.

(4) The provisions of the 1991 Act referred to in paragraph (3) above are—

  • section 54 (advance notice of certain works),

  • section 55 (notice of starting date of works),

  • section 59 (general duty of street authority to co-ordinate works),

  • section 60 (general duty of undertakers to co-operate),

  • section 69 (works likely to affect other apparatus in the street),

  • section 76 (liability for cost of temporary traffic regulations),

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

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

(5) Sections 54 and 55 of the 1991 Act as applied by paragraph (3) above shall have effect as if reference in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.