9.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—
(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; 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 section 64 M1 (dual carriageways and roundabouts) of the 1980 Act or section 184 M2 (vehicle crossings over footways and verges) of that Act.
(2) In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.
(3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers of this Order—
section 56 M3 (power to give directions as to timing);
section 56A M4 (power to give directions as to placing of apparatus);
section 58 M5 (restrictions on works following substantial road works);
section 58A M6 (restriction on works following substantial street works);
section 73A M7 (power to require undertaker to re-surface street);
section 73B M8 (power to specify timing etc. of re-surfacing);
section 73C M9 (materials, workmanship and standard of re-surfacing);
section 78A M10 (contributions to costs of re-surfacing by undertaker); and
Schedule 3A M11 (restriction on works following substantial street works).
(4) The provisions of the 1991 Act mentioned in paragraph (5) (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 apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary stopping up and restriction of use of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
(5) The provisions of the 1991 Act M12 referred to in paragraph (4) are—
section 54 M13 (advance notice of certain works), subject to paragraph (6);
section 55 M14 (notice of starting date of works), subject to paragraph (6);
section 57 M15 (notice of emergency works);
section 59 M16 (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 regulation); 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.
(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references 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.
(7) Nothing in article 10 (construction and maintenance of new, altered or diverted streets)—
(a)affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under that article to maintain a street, to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or
(b)has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 of the 1991 Act apply.
Marginal Citations
M1Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 (c. 22).
M2Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to, the New Roads and Street Works Act 1991.
M3Section 56 was amended by section43 of, and Schedule 1 to, the Traffic Management Act 2004 (c.18).
M4Section 56A was inserted by section 44 of the Traffic Management Act 2004.
M5Section 58 was amended by section 51 of, and Schedule 1 to, the Traffic Management Act 2004.
M6Section 58A was inserted by section 52 of the Traffic Management Act 2004.
M7Section 73A was inserted by section 55 of the Traffic Management Act 2004.
M8Section 73B was inserted by section 55 of the Traffic Management Act 2004.
M9Section 73C was inserted by section 55 of the Traffic Management Act 2004.
M10Section 78A was inserted by section 57 of the Traffic Management Act 2004.
M11Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.
M12Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.
M13As also amended by section 49(1) of the Traffic Management Act 2004.
M14As also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.
M15As also amended by section 52(3) of the Traffic Management Act 2004.
M16As amended by section 42 of the Traffic Management Act 2004.