PART 3STREETS

Street works

10.—(1) The undertaker may, for the purposes of carrying out the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as are within the Order limits and may—

(a)break up or open the street, or any sewer, drain or tunnel under it;

(b)tunnel or bore under the street, or carry out works to strengthen or repair the carriageway, footway or cycle track;

(c)place and keep apparatus, in or on the street;

(d)remove, maintain, renew or change the position of apparatus, in, on or under the street;

(e)install, demolish, remove, replace, improve and relocate any bus shelter and associated bus stop infrastructure;

(f)execute and maintain any works to provide hard and soft landscaping;

(g)carry out re-lining and placement of new temporary markings; and

(h)execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (g) above.

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act and is subject to the provisions of Parts 5 and 6 of Schedule 15 (protective provisions).

(3) The provisions of sections 54 (advance notice of certain works) to 106 (index of defined expressions) of the 1991 Act(1) apply to any street works carried out under paragraph (1).

(4) In Part 3 (street works in England and Wales) of the 1991 Act, provisions relating to major highway works which refer to the highway authority concerned shall, in relation to works which are major highway works, be construed as references to the undertaker.

(5) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.