PART 3STREETS
Application of the 1991 Act12
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 Act34; 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 the 1991 Act (including any equivalent or modified provisions in any permit scheme) do not apply in relation to any works executed under the powers of this Order—
a
section 5637 (power to give directions as to timing of street works);
b
section 56A38 (power to give directions as to placing of apparatus);
c
section 5839 (restrictions on works following substantial road works);
d
section 58A40 (restriction on works following substantial street works);
e
section 73A (power to require undertaker to re-surface street);
f
section 73B( (power to specify timing etc. of re-surfacing);
g
section 73C (materials, workmanship and standard of re-surfacing);
h
section 78A (contributions to costs of re-surfacing by undertaker); and
i
Schedule 3A41 (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 18 (temporary alteration, diversion, prohibition and restriction of the 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 referred to in paragraph (4) are—
a
section 5442 (advance notice of certain works), subject to paragraph (6);
b
section 5543 (notice of starting date of works), subject to paragraph (6);
c
section 5744 (notice of emergency works);
d
section 5945 (general duty of street authority to co-ordinate works);
e
section 6046 (general duty of undertakers to co-operate);
f
section 6847 (facilities to be afforded to street authority);
g
section 6948 (works likely to affect other apparatus in the street);
h
section 7549 (inspection fees);
i
section 76 (liability for cost of temporary traffic regulation); and
j
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 5450 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, alteration or diversion (as the case may be) required in a case of emergency.
7
Nothing in article 13 (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 maintenance works which are street works within the meaning of the 1991 Act to which the provisions of Part 3 of the 1991 Act apply.