{
  "url": "https://openlegislation.uk/m1-junction-10a-grade-separation-order-2013/article-8",
  "json_url": "https://openlegislation.uk/m1-junction-10a-grade-separation-order-2013/article-8.json",
  "legislation": "uksi/2013/2808",
  "legislation_title": "The M1 Junction 10a (Grade Separation) Order 2013",
  "legislation_url": "https://openlegislation.uk/m1-junction-10a-grade-separation-order-2013",
  "path": "article/8",
  "kind": "article",
  "number": "8",
  "heading": "Application of the 1991 Act",
  "text": "(1) Works carried out under this Order in relation to a highway which consists of or includes a carriageway are treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) 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) of that Act (which defines what highway authority works are major highway works); or\n(b) they are works which, had they been carried out by the highway authority, might have been carried out in exercise of the powers conferred by section 64 of the 1980 Act (dual carriageways and roundabouts) or section 184 of that Act (vehicle crossings over footways and verges).\n(2) In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.\n(3) The following provisions of the 1991 Act do not apply in relation to any works carried out under the powers of this Order—\nsection 56 (directions as to timing);\nsection 56A (power to give directions as to placing of apparatus);\nsection 58 (restrictions following substantial road works);\nsection 58A (restriction on works following substantial streetworks);\nsection 73A (power to require undertaker to re-surface street);\nsection 73B (power to specify timing etc. of re-surfacing);\nsection 73C (materials, workmanship and standard of re-surfacing);\nsection 78A (contributions to costs of re-surfacing by undertaker); and\nSchedule 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 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.\n(5) The provisions of the 1991 Act referred to in paragraph (4) are—\nsection 54 (advance notice of certain works), subject to paragraph (6);\nsection 55 (notice of starting date of works), subject to paragraph (6);\nsection 57 (notice of emergency works);\nsection 59 (general duty of street authority to co-ordinate works);\nsection 60 (general duty of undertakers to co-operate);\nsection 68 (facilities to be afforded to street authority);\nsection 69 (works likely to affect other apparatus in the street);\nsection 75 (inspection fees);\nsection 76 (liability for cost of temporary traffic regulation); and\nsection 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 stopping up, alteration or diversion (as the case may be) required in a case of emergency.\n(7) Nothing in article 9 (construction and maintenance of new, altered or diverted streets) is to—\n(a) affect the operation of section 87 of the 1991 Act (prospectively maintainable highways), and the undertaker is not by reason of any duty under that article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or\n(b) have effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 8 in force at 20.11.2013, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2808/article/8",
    "retrieved_at": "2026-10-29T00:35:50.387639+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."
}