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Article 8 Temporary stopping up of streets

Original text. Later amendments are not shown.

(1)

The undertaker, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time–

(a)

divert the traffic from the street; and

(b)

subject to paragraph (2) below, prevent all persons from passing along the street.

(2)

The undertaker shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

(3)

The undertaker shall not exercise the powers of this article in relation to any street without the consent of the street authority, but such consent shall not be unreasonably withheld.

(4)

The provisions of the New Roads and Street Works Act 1991 mentioned in paragraph (5) below and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the undertaker.

(5)

The provisions of the New Roads and Street Works Act 1991 referred to in paragraph (4) above are–

  • section 54 (advance notice of certain works);

  • section 55 (notice of starting date of works);

  • section 59 (general duty of street authority to co-ordinate works);

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

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

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

  • 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.