Section 101 Effect of this Part on certain existing special enactments or instruments.C2 C8 C10 C27 C32 C36 C46 C49 C52 C58 C60 C61 C66 C69 C70 C1 C3 C4 C5 C6 C7 C9 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C28 C29 C30 C31 C33 C34 C35 C37 C38 C39 C40 C41 C42 C43 C44 C45 C47 C48 C50 C51 C53 C54 C55 C56 C57 C59 C62 C63 C64 C65 C67 C68 C71 C72 C73 C74 C75 C76 C77 C78 C79 C80 C81 C82 C83 C84 C85 C86 C87 C88 C89 C90 C91 C92 C93 C94 C95 C96 C97 C98 C99 C100 C101 C102 C103 C104

(1)

Any special enactment passed or made before the commencement of this Part which makes or authorises the making of provision regulating the execution of street works in a manner inconsistent with the provisions of this Part shall cease to have effect; and unless a contrary intention appears no enactment passed or made after the commencement of this Part shall be construed as making or authorising the making of any such provision.

This subsection does not apply to any provision as to the obtaining of consent for the execution of the works or for any other purpose.

(2)

Any special enactment passed or made before the commencement of this Part which requires the consent of a relevant authority (in its capacity as such) to the execution of street works shall cease to have effect, except as mentioned below; and unless a contrary intention appears no special enactment passed or made after the commencement of this Part shall be construed as requiring such consent.

This subsection does not apply to a consent requirement so far as it relates to—

(a)

works above the surface of the highway, or

(b)

works outside the limits of supply of an undertaker in relation to whom such limits are imposed.

(3)

A provision made by way of condition imposed on the giving of a consent for the execution of street works is of no effect in so far as it would have been so by virtue of section 100 if it had been made by an agreement.

(4)

If it appears to the Secretary of State—

(a)

that by the operation of subsection (1) a person has been or will be deprived of some protection afforded by a special enactment and that corresponding protection is in all the circumstances required, or

(b)

that a requirement of consent imposed by a special enactment should be saved from the operation of subsection (2), either as regards all works to which the requirement extends or as regards any description of such works, or

(c)

that conditions of any descriptions should be rendered valid notwithstanding subsection (3), or

(d)

that uncertainty or obscurity has resulted or is likely to result from the operation on a special enactment of the general provisions of subsection (1), (2) or (3),

he may by order make such provision as he considers appropriate for affording such protection, saving the requirement, rendering the conditions valid or modifying the special enactment, as the case may be.

(5)

An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedule 5 have effect with respect to the procedure for making such an order.

(6)

The provisions of this section apply in relation to an instrument having effect under or by virtue of an enactment as in relation to an enactment; and references to a special enactment shall be construed accordingly.