PART 3STREETS
Application of the 1991 ActI111
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
2
In Part 3 of the 1991 Act, references to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.
3
The following provisions of Part 3 the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—
section 5634 (power to give directions as to timing of street works);
section 56A35 (power to give directions as to placing of apparatus);
section 5836 (restriction on works following substantial road works);
section 58A37 (restriction on works following substantial street works);
Schedule 3A38 (restriction on works following substantial street works).
4
The provisions of the 1991 Act referred to 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 14 (temporary alteration, diversion, prohibition and restriction of the use of streets), whether or not the alteration or diversion constitutes street works within the meaning of that Act.
5
The provisions of the 1991 Act39 referred to in paragraph (4) are—
section 5440 (advance notice of certain works), subject to paragraph (6);
section 5541 (notice of starting date of works), subject to paragraph (6);
section 5742 (notice of emergency works);
section 5943 (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 12 (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.