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The Brechfa Forest Wind Farm Connection Order 2016

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Application of the New Roads and Street Works Act 1991

8.—(1) Works carried out under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 of the 1991 Act (street works in England and Wales) as major highway works if they are of a description mentioned in paragraphs (f) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works).

(2) The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the carrying out of street works) and any regulations made, or code of practice issued or approved, under those provisions are to apply (with the necessary modifications) in relation to any closure, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary closure of streets and public rights of way) and the carrying out of street works under article 10 (street works) whether or not the works, closure, alteration or diversion constitutes street works within the meaning of that Act.

(3) The provisions of the 1991 Act referred to in paragraph (2) are —

(a)section 54 (advance notice of certain works), subject to paragraph (4);

(b)section 55 (notice of starting date of works), subject to paragraph (4);

(c)section 56 (directions as to timing of street works);

(d)section 57 (notice of emergency works);

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

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

(g)section 65 (safety measures);

(h)section 67 (qualifications of supervisors and operatives);

(i)section 68 (facilities to be afforded to street authority);

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

(k)section 70 (duty of undertaking to reinstate);

(l)section 71 (materials, workmanship and standard of reinstatement);

(m)section 72 (powers of street authority in relation to reinstatement);

(n)section 73 (reinstatement affected by subsequent works);

(o)section 75 (inspection fees);

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

(q)section 77 (liability for cost of use of alternative route); and

(r)all such other provisions as apply for the purposes of the provisions mentioned above.

(4) Sections 54 and 55 of the 1991 Act as applied by paragraph (3) are to have effect as if references in section 57 of that Act to emergency works were a reference to a closure, alteration or diversion (as the case may be) required in a case of emergency.

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