{
  "url": "https://openlegislation.uk/byers-gill-solar-order-2025/article-10",
  "json_url": "https://openlegislation.uk/byers-gill-solar-order-2025/article-10.json",
  "legislation": "uksi/2025/934",
  "legislation_title": "The Byers Gill Solar Order 2025",
  "legislation_url": "https://openlegislation.uk/byers-gill-solar-order-2025",
  "path": "article/10",
  "kind": "article",
  "number": "10",
  "heading": "Application of the 1991 Act",
  "text": "(1) Works carried out under this Order in relation to a highway which consists of or includes a carriageway must be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major highway works if they are of a description mentioned in section 86(3) of the 1991 Act (highway authorities, highways and related matters).\n(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.\n(3) The provisions of the 1991 Act mentioned in paragraph (4) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—\n(a) the carrying out of works under article 9 (street works); and\n(b) the temporary closure, temporary alteration or temporary diversion of a street by the undertaker under article 13 (temporary closure of public rights of way);\nwhether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act.\n(4) The provisions of the 1991 Act are—\n(a) section 54 (advance notice of certain works);\n(b) subject to paragraph (5), section 55 (notice of starting date of works);\n(c) section 57 (notice of emergency works);\n(d) section 60 (general duty of undertakers to co-operate);\n(e) section 65 (safety measures);\n(f) section 68 (facilities to be afforded to street authority);\n(g) section 69 (works likely to affect other apparatus in the street);\n(h) section 71 (materials, workmanship and standard of reinstatement);\n(i) section 72 (powers of street authority in relation to reinstatement);\n(j) section 73 (reinstatement affected by subsequent works);\n(k) section 75 (inspection fees);\n(l) section 76 (liability for cost of temporary traffic regulation);\n(m) section 77 (liability for cost of use of alternative route); and\n(n) all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (m).\n(5) Section 54 and 55 of the 1991 Act as applied by paragraph (4) has effect as if references in section 57 of that Act to emergency works included a reference to a temporary closure, stopping up, alteration or diversion (as the case may be) required in a case of emergency.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in art. 10(3) substituted (27.10.2025) by The Byers Gill Solar (Correction) Order 2025 (S.I. 2025/1124), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in art. 10(4)(b) substituted (27.10.2025) by The Byers Gill Solar (Correction) Order 2025 (S.I. 2025/1124), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 10(4)(m) closing bracket inserted (27.10.2025) by The Byers Gill Solar (Correction) Order 2025 (S.I. 2025/1124), art. 1, Sch."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in art. 10(4)(n) substituted (27.10.2025) by The Byers Gill Solar (Correction) Order 2025 (S.I. 2025/1124), art. 1, Sch."
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 10 in force at 14.8.2025, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Sections 55, 57, 60, 68, and 69 were amended by the Traffic Management Act 2004 (c. 18)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/934/article/10",
    "retrieved_at": "2026-10-28T21:12:25.595636+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}