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.

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

• section 5635 (power to give directions as to timing of street works);

• section 56A36 (power to give directions as to placing of apparatus);

• section 5837 (restrictions following substantial road works);

• section 58A38 (restriction on works following substantial street works);

• section 73A39 (power to require undertaker to re-surface street);

• section 73B40 (power to specify timing etc. of re-surfacing);

• section 73C41 (materials, workmanship and standard of re-surfacing);

• section 78A42 (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A43 (restriction on works following substantial street works).

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 restriction on the use, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 16 (temporary alteration, F1diversion, prohibition and restriction of use of streets) whether or not the restriction on the use, alteration or diversion constitutes street works within the meaning of that Act.

The provisions of the 1991 Act44 referred to in paragraph (4) are—

• section 5445 (advance notice of certain works), subject to paragraph (6);

• section 5546 (notice of starting date of works), subject to paragraph (6);

• section 5747 (notice of emergency works);

• section 5948 (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 7549 (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.

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 restriction of use, alteration or diversion (as the case may be) required in a case of emergency.