# The Steeple Renewables Project Order 2026, Article 9: Application of the relevant permit scheme and the 1991 Act


(1) The relevant permit scheme applies with the modifications set out in this article to street works carried out under the power conferred by article 8 (street works) of this Order.
(2) For the purposes of this Order—
(a) a permit may not be refused or granted subject to conditions which relate to the imposition of a moratoria;
(b) a permit may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order; and
(c) where the undertaker makes an application for a permit pursuant to a relevant permit scheme, the relevant highway authority for that scheme must issue its response within 5 working days of such application.
(3) References to the moratoria in sub-paragraph (2)(a) include restrictions imposed under section 58 (restrictions on works following substantial road works) section 58A (restrictions on works following substantial street works) of the 1991 Act.
(4) If the relevant highway authority fails to notify the undertaker of its response within the period stated at paragraph (2)(c), beginning with the next working day following that on which the application is received by the relevant highway authority, the works are deemed to be “immediate works” for the purposes of the relevant permit scheme.
(5) Any application for a permit to which this article applies must include a written statement that the provisions of paragraphs 2(c) and (4) apply and where an application does not include such a statement, then the timescales in table 2 of the relevant permit scheme will not apply.
(6) Without restricting the undertaking recourse to any of the alternative appeal mechanism which may be available under the relevant permit scheme or to grant a permit or otherwise, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Part 2 of Schedule 2 (procedure for discharge of requirements) of this Order in the same way as if it were a requirement.
(7) For the purposes of this article, “relevant permit scheme” means the Nottinghamshire County Council Permit Scheme Order 2020 as varied by the Nottinghamshire County Council (variation of a Permit Scheme) Order 2025 which are made under Part 3 of the Traffic Management Act 2004, as applicable for the location of the relevant street works.
(8) Where the relevant permit scheme in paragraphs (1) to (7) does not apply, works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if they are of a description in section 86(3) of the 1991 Act;
(9) In Part 3 of the 1991 Act references 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.
(10) 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 (power to give directions as to timing of street works);
(b) section 56A (power to give directions as to placing of apparatus);
(c) section 58 (restriction on works following substantial road works);
(d) section 58A (restriction on works following substantial street works); and
(e) schedule 3A (restriction on works following substantial street works).
(11) The provisions of the 1991 Act mentioned in paragraph (12) (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 closure, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary closure of streets and public rights of way) whether or not the closure, alteration or diversion constitutes street works within the meaning of that Act.
(12) The provisions of the 1991 Act referred to in paragraph (11) are—
(a) section 55 (notice of starting date of works), subject to paragraph (13);
(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); and
(g) section 77 (liability for cost of use of alternative route),
and all such other provisions as apply for the purposes of the provisions mentioned above.
(13) Section 55 of the 1991 Act as applied by paragraph (11) has effect as if references in section 57 of that Act to emergency works were a reference to a closure, alteration or diversion (as the case may be) required in a case of emergency.

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Source: https://www.legislation.gov.uk/uksi/2026/1086/article/9 (the official version)
Page: https://openlegislation.uk/steeple-renewables-project-order-2026/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.