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PART 3Streets

Application of the 1991 Act

article 11 11.—(1) The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—

article 11 1 a (a)the carrying out of works under articles 9 (street works) and 10 (power to alter layout, etc. of streets);

article 11 1 b (b)the temporary restriction, temporary alteration or temporary diversion of a public right of way by the undertaker under article 12 (temporary restriction of public rights of way); and

article 11 1 c (c)the temporary restriction, temporary alteration or temporary diversion of a street by the undertaker under article 13 (temporary restriction of use of streets),

whether or not the carrying out of the works or the restriction, alteration or diversion constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act(1) are—

article 11 2 a (a)subject to paragraph (3), section 55 (notice of starting date of works);

article 11 2 b (b)section 57 (notice of emergency works);

article 11 2 c (c)section 60 (general duty of undertakers to co-operate);

article 11 2 d (d)section 68 (facilities to be afforded to street authority);

article 11 2 e (e)section 69 (works likely to affect other apparatus in the street);

article 11 2 f (f)section 76 (liability for cost of temporary traffic regulation);

article 11 2 g (g)section 77 (liability for cost of use of alternative route); and

article 11 2 h (h)all provisions of that Act that apply for the purposes of the provisions referred to in subparagraphs (a) to (g).

(3) Section 55 of the 1991 Act as applied by paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a restriction, alteration or diversion (as the case may be) required in a case of emergency.

(4) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

article 11 4 a (a)section 56 (power to give directions as to timing of street works);

article 11 4 b (b)section 56A (power to give directions as to placing of apparatus);

article 11 4 c (c)section 58 (restriction on works following substantial road works);

article 11 4 d (d)section 58A (restriction on works following substantial street works);

article 11 4 e (e)section 61 (protected streets); and

article 11 4 f (f)Schedule 3A (restriction on works following substantial street works).

(1)

Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).