Article 28 For protection of highway authorities

(1)

The provisions of this article shall apply unless provision to the contrary is made by agreement in writing between the Agency and the highway authority in question.

(2)

The powers conferred on the Agency by article 6—

(a)

shall not apply in relation to any works of a highway authority; and

(b)

shall not be exercised so as to damage, adversely affect or obstruct access to any such works.

(3)

The power conferred on the Agency by article 21 to dredge and dispose of dredged material shall not be exercised—

(a)

within 50 metres of any works of a highway authority without the authority’s approval of the work which the Agency proposes to carry out; or

(b)

so as to damage or adversely affect any works of a highway authority.

(4)

Any dispute between the Agency and a highway authority as to the application of any provision made by this article shall be determined in the manner provided by article 27(6) as though it were a dispute between the Agency and a statutory undertaker.

(5)

In this article—

(a)

references to any works of a highway authority are references to any bridge, highway or public quay mentioned in article 29(4) (other than any railway bridge belonging to Railtrack); and

(b)

references to a highway authority shall be construed in accordance with the Highways Act 1980^f1.

Annotations

Footnotes

f1: 1980 c. 66.