Article 10 Application of the 1991 ActI1

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—

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.

The following provisions of the 1991 Act (whether modified or not by the permit schemes or the lane rental schemes) do not apply in relation to any works executed under the powers conferred by this Order—

• section 56^f3 (power to give directions as to timing);

• section 56A^f4 (power to give directions as to placing of apparatus);

• section 58^f5 (restrictions following substantial road works);

• section 58A^f6 (restriction on works following substantial street works);

• section 73A^f7 (power to require undertaker to re-surface street);

• section 73B^f8 (power to specify timing etc. of re-surfacing);

• section 73C^f9 (materials, workmanship and standard of re-surfacing);

• section 77 (liability for cost of use of alternative route);

• section 78A^f10 (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A^f11 (restriction on works following substantial street works).

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 14 (temporary stopping up of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

The provisions of the 1991 Act^f12 referred to in paragraph (4) are—

• section 54^f13 (advance notice of certain works), subject to paragraph (6);

• section 55^f14 (notice of starting date of works), subject to paragraph (6);

• section 57^f15 (notice of emergency works);

• section 59^f16 (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 75^f17 (inspection fees); and

• section 76 (liability for cost of temporary traffic regulation),

and all such other provisions as apply for the purposes of the provisions mentioned above.

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 stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Subject to paragraph (3), the permit schemes and the lane rental schemes apply to the construction and maintenance of the authorised development and must be applied and used by the undertaker in connection with the exercise of any powers conferred by this Part.

For the purposes of this Order a permit may not be granted under the permit schemes 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 pursuant to the powers conferred by this Order.

Any difference arising between the undertaker and either of West Sussex County Council or Surrey County Council under the relevant permit scheme will be resolved by arbitration under article 52 (arbitration).

As regards any streets within the airport the undertaker shall not be required to give any notice, afford any facilities or pay any fee or costs to a street authority or traffic authority or do anything else that the undertaker would not be obliged to do were it not for this Order.

In this article—