PART 1PRELIMINARY

Application of the New Roads and Street Works Act 1991I16

1

Any of the authorised works executed under this Order in relation to a highway which consists of or includes a carriageway shall be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major transport works if—

a

they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

b

they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by sections 64 (dual carriageways and roundabouts) or 184 (vehicle crossings) of the 1980 Act.

2

The following provisions of the 1991 Act shall not apply in relation to any works executed under the powers of this Order—

  • section 56 (directions as to timing);

  • section 56A (power to give directions as to placing of apparatus);

  • section 58 (restrictions following substantial road works);

  • section 58A (restriction on works following substantial street works);

  • section 73A (power to require undertaker to re-surface street);

  • section 73B (power to specify timing, etc., of re-surfacing);

  • section 73C (materials, workmanship and standard of re-surfacing);

  • section 78A (contributions to costs of re-surfacing by undertaker); and

  • Schedule 3A (restriction on works following substantial street works).

3

The provisions of the 1991 Act mentioned in paragraph (4) which, together with other provisions of that Act, apply in relation to the execution of street works, 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 of a temporary nature by the Harbour Authority under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

4

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

  • section 54 (advance notice of certain works), subject to paragraph (5);

  • section 55 (notice of starting date of works), subject to paragraph (5);

  • section 57 (notice of emergency works);

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

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

  • section 68 (facilities to be afforded to street authority);

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

  • section 75 (inspection fees);

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

  • 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) shall have effect as if references in section 57 of the 1991 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.

6

References in Part 3 of the 1991 Act to the undertaker shall be construed as references to the Harbour Authority.