Article 11 Application of the 1991 Act

(1)

The provisions of the 1991 Act mentioned in paragraph (2) 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—

(a)

the carrying out of works under article 9 (street works) and 10 (power to alter layout, etc. of streets); and

(b)

the temporary closure, temporary alteration or temporary diversion of a public right of way by the undertaker under article 13 (temporary closure of and permitting vehicular use on public rights of way),

whether or not the carrying out of the works or the temporary closure, alteration or diversion constitutes street works within the meaning of that Act.

(2)

The provisions of the 1991 Act^f1 are—

(a)

subject to paragraph (3), section 55 (notice of starting date of works);

(b)

section 57 (notice of emergency works);

(c)

section 60 (general duty of undertakers to co-operate);

(d)

section 68 (facilities to be afforded to street authority);

(e)

section 69 (works likely to affect other apparatus in the street);

(f)

section 76 (liability for cost of temporary traffic regulation);

(g)

section 77 (liability for cost of use of alternative route; and

(h)

all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (g).

(3)

Section 55 of the 1991 Act as applied by paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a temporary closure, alteration or diversion (as the case may be) required in a case of emergency.

(4)

The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

(a)

section 56(d) (power to give directions as to timing of street works);

(b)

section 56A(e) (power to give directions as to placing of apparatus);

(c)

section 58(f) (restriction on works following substantial road works);

(d)

section 58A(g) restriction on works following substantial road works);

(e)

section 61 (protected streets); and

(f)

schedule 3A(h) (restriction on works following substantial street works).

Annotations

Footnotes

f1: Sections 55, 57, 60, 68, and 69 were amended by the Traffic Management Act 2004 (c. 18).