PART 3STREETS

Application of the 1991 Act11.

(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 relevant local highway authority, might have been carried out in exercise of the powers conferred by section 6433 (dual carriageways and roundabouts) of the 1980 Act or section 18434 (vehicle crossings over footways and verges) of that Act.

(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 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).

(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 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.

(5)

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.

(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 restriction of use, 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 and other structures)—

(a)

affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act;

(b)

means the undertaker is 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

(c)

has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.