Article 21 Agreements with highway authoritiesI1

England and Wales

(1)

A relevant highway authority may enter into agreements with the undertaker in respect of—

(a)

the construction of any new highway, including any structure carrying the highway over any part of the authorised development;

(b)

the strengthening, improvement, repair or reconstruction of any highway, including any structure carrying the highway over any of the authorised development;

(c)

the maintenance of the structure of any bridge or tunnel carrying a highway over or under any part of the authorised development;

(d)

any stopping up, alteration or diversion of a highway authorised by this Order;

(e)

the carrying out in the highway of any of the works referred to in article 11 (street works) or article 12 (power to alter layout, etc., of streets); and

(f)

such other works as the parties may agree.

(2)

Such an agreement may, without limitation on the scope of paragraph (1)—

(a)

make provision for the relevant highway authority to carry out any function under this Order which relates to the highway in question;

(b)

include an agreement between the undertaker and the relevant highway authority specifying a reasonable time for the completion of the works; and

(c)

contain such terms as to payment and other matters as the parties consider appropriate, including such matters as may be included in agreements made pursuant to section 278^f1 (agreements as to execution of works) or section 38^f2 (power of highway authorities to adopt by agreement) of the 1980 Act.

(3)

The undertaker must not commence a local highway work prior to entering into an agreement pursuant to paragraph (1) which includes details of the specification of that work which will reasonably satisfy the relevant highway authority for the purpose of article 20 (construction and maintenance of local highway works), and related provisions in relation to the maintenance and adoption of such works pursuant to that article.

Annotations

Commencement

I1: Art. 21 in force at 12.10.2025, see art. 1

Footnotes

f1: Section 278 was substituted by section 23 of the New Roads and Street Works Act 1991 (c. 22).
f2: Section 38 was amended by Schedule 17 to the Local Government Act 1985 (c. 51), section 22(1) of the New Roads and Street Works Act 1991 and paragraph 19 of Schedule 1 to the Infrastructure Act 2015 (c. 7).