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SCHEDULES

SCHEDULE 4Highways

Part 2Interference with highways

Street works

8(1)Works executed under this Act in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the New Roads and Street Works Act 1991 (street works) as major transport works if—

(a)they are of a description mentioned in section 86(3)(a), (c) to (e), (g) or (h) of that Act (which defines what highway authority works are major highway works), or

(b)they are works which, had they been executed under the powers of the highway authority, might have been carried out in exercise of the powers under section 64 (dual carriageways and roundabouts) or 184 (vehicle crossings over footways and verges) of the Highways Act 1980.

(2)Sub-paragraph (1) does not apply to works executed under powers delegated to a highway authority by an agreement under paragraph 12(2) of this Schedule (construction delegation agreements).