{
  "url": "https://openlegislation.uk/network-rail-leeds-to-micklefield-enhancements-order-2024/article-4",
  "json_url": "https://openlegislation.uk/network-rail-leeds-to-micklefield-enhancements-order-2024/article-4.json",
  "legislation": "uksi/2024/1284",
  "legislation_title": "The Network Rail (Leeds to Micklefield Enhancements) Order 2024",
  "legislation_url": "https://openlegislation.uk/network-rail-leeds-to-micklefield-enhancements-order-2024",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Application of the 1991 Act",
  "text": "(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major transport 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) (which defines what highway authority works are major highway works) of that Act; or\n(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act.\n(2) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—\nsection 56 (power to give directions as to timing of street works);\nsection 56A (power to give directions as to placing of apparatus);\nsection 58 (restrictions on works following substantial road works); and\nSchedule 3A (restriction on works following substantial street works).\n(3) The provisions of the 1991 Act mentioned in paragraph (4), together with other provisions of that Act, which 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 the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 11 (power to alter layout etc. of streets) and article 12 (temporary stopping up of streets) and to the carrying out of works under article 9 (power to execute street works), whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.\n(4) The provisions of the 1991 Act(c) referred to in paragraph (3) are—\nsection 54 (advance notice of certain works), subject to paragraph (5);\nsection 55 (notice of starting date of works), subject to paragraph (5);\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 76 (liability for cost of temporary traffic regulation);\nsection 77 (liability for cost of use of alternative route); and\nall such other provisions as apply for the purposes of the provisions mentioned above.\n(5) Sections 54 and 55 of the 1991 Act as applied by paragraph (3) 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(6) Nothing in article 14 (construction and maintenance of new or altered streets)—\n(a) prejudices the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and Network Rail is not by reason of any duty under that article to maintain a street, to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or\n(b) has effect in relation to street works with regard to which the provisions of Part 3 of the 1991 Act apply.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 (c. 22)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004 (c. 18)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 54 was also amended by section 49(1) of the Traffic Management Act 2004."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 57 was also amended by section 52(3) of the Traffic Management Act 2004."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 59 was also amended by section 42 of the Traffic Management Act 2004."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2024/1284/article/4",
    "retrieved_at": "2026-10-28T21:23:09.740371+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."
}