{
  "url": "https://openlegislation.uk/dean-moor-solar-farm-order-2026/article-11",
  "json_url": "https://openlegislation.uk/dean-moor-solar-farm-order-2026/article-11.json",
  "legislation": "uksi/2026/754",
  "legislation_title": "The Dean Moor Solar Farm Order 2026",
  "legislation_url": "https://openlegislation.uk/dean-moor-solar-farm-order-2026",
  "path": "article/11",
  "kind": "article",
  "number": "11",
  "heading": "Application of the 1991 Act",
  "text": "(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—\n(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (highway authorities, highways and related works) of that Act; or\n(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act or section 184 (vehicle crossings over footways and verges) of that Act.\n(2) In Part 3 (street works in England and Wales) 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 following provisions of the 1991 Act (whether modified or not by the permit scheme) do not apply in relation to any works executed under the powers conferred by this Order—\n(a) section 56 (power to give directions as to timing);\n(b) section 56A (power to give directions as to placing of apparatus);\n(c) section 58 (restriction on works following substantial road works);\n(d) section 58A (restriction on works following substantial street works);\n(e) section 73A (power to require undertaker to re-surface street);\n(f) section 73B (power to specify timing etc. of re-surfacing);\n(g) section 73C (materials, workmanship and standard of re-surfacing);\n(h) section 78A (contributions to costs of re-surfacing by undertaker); and\n(i) Schedule 3A (restriction on works following substantial street works).\n(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 closure, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 14 (temporary closure or restriction of streets), whether or not the closure, alteration or diversion constitutes street works within the meaning of that Act.\n(5) The provisions of the 1991 Act referred to in paragraph (4) are—\n(a) section 54 (advance notice of certain works) subject to paragraph (6);\n(b) section 55 (notice of starting date of works) subject to paragraph (6));\n(c) section 57 (notice of emergency works);\n(d) section 59 (general duty of street authority to co-ordinate works);\n(e) section 60 (general duty of undertakers to co-operate);\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 75 (inspection fees);\n(j) section 76 (liability for cost of temporary traffic regulation); and\n(k) section 77 (liability for cost of use of alternative route),\nand all such other provisions as apply for the purposes of the provisions mentioned above.\n(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 closure, alteration or diversion (as the case may be) required in a case of emergency.\n(7) The permit scheme applies, with the modifications set out in this article, to street works carried out under the powers conferred by article 10 (street works), article 12 (power to alter layout, etc., of streets), article 13 (construction and maintenance of altered streets), article 14 (temporary closure or restriction of streets) and article 15 (access to works) of this Order.\n(8) For the purposes of this Order—\n(a) a permit may not be refused or granted subject to conditions which relate to the imposition of moratoria; and\n(b) a permit may not be granted under the permit scheme subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions in accordance with the powers conferred by this Order.\n(9) References to moratoria in paragraph (8) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act.\n(10) Without restricting the undertaker’s recourse to any appeal mechanism which may be available under a permit scheme the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions in accordance with the permit schemes in accordance with the mechanism set out in Part 2 of Schedule 2 (requirements) of this Order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "As amended by section 49(1) of the Traffic Management Act 2004."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "As amended by section 42 of the Traffic Management Act 2004."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/754/article/11",
    "retrieved_at": "2026-10-28T20:58:29.165014+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."
}