# The Contracting Out (Highway Functions) Order 2009, Paragraph 9


(1) Paragraphs 1 to 4 shall not include—
(a) any function conferred by or under section 294 of the 1980 Act (entry, etc, of premises by highway authority or council for certain purposes);
(b) any function of the Secretary of State to the extent that the function confers a power or right of entry into or on any premises or land of which the Secretary of State is not the owner or occupier; or
(c) any function of a local highway authority to the extent that the function confers a power or right of entry into or on any premises or land of which the local highway authority is not the owner or occupier.
(2) Where section 338 of the 1980 Act (saving for works, etc, of dock, harbour and canal undertakers) or 339 of that Act (saving for works etc of drainage authorities etc) applies to the exercise of any functions listed in paragraphs 1 to 4, those functions shall be construed as including any additional requirements imposed by those sections.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111473047/schedule/1/paragraph/9 (the official version)
Page: https://openlegislation.uk/draft-contracting-out-highway-functions-order-2009/schedule-1/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.