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New Roads and Street Works Act 1991 (c. 22)(The document as of February, 2008) Page 11 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 46 (1) Section 55 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) is amended as follows. (2) In subsection (4)(b) and (c) for the words from "parking accommodation" to the end substitute "off-street parking accommodation, whether in the open or under cover;". (3) For subsection (4)(d) substitute-- " (d) if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes-- (i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services, and (ii) the purposes of a highway or road improvement project in the local authority's area. " . (4) After subsection (4) insert-- " (4A) For the purposes of subsection (4)(d)(ii)-- (a) a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and (b) a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland. " . (5) Omit subsection (5). Traffic signs47 In section 64 of the Road Traffic Regulation Act 1984 (general provisions as to traffic signs), in subsection (4)(c)(i) and (ii) for "highway" substitute "road". 48 (1) Section 65 of the Road Traffic Regulation Act 1984 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows. (2) For subsection (1) (power to cause or permit placing of traffic signs) substitute-- " (1) The traffic authority may cause or permit traffic signs to be placed on or near a road, subject to and in conformity with such general directions as may be given by the Ministers acting jointly or such other directions as may be given by the Secretary of State. " . (2) In subsection (2) (direction by Secretary of State), for the opening words substitute-- " (2) The Secretary of State may give directions to a local traffic authority-- " . 49 In section 66(1) of the Road Traffic Regulation Act 1984 (traffic signs for giving effect to local traffic regulations), for "highway" (twice) substitute "road". 50 In section 67 of the Road Traffic Regulation Act 1984 (emergencies and temporary obstructions), in subsection (1) for "highway" (twice) substitute "road". 51 (1) Section 68 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows. (2) In subsection (1)(a), omit the reference to section 30. (3) In subsections (2) and (3), for "highway authority" or, in Scotland, "roads authority", wherever occurring, substitute "traffic authority". 52 (1) Section 69 of the Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows. (2) In subsection (1)-- (a) for "highway authority" or, in Scotland, "roads authority" substitute "traffic authority"; and (b) for "the roads" or, in Scotland, "a road" substitute "the road". (3) In subsection (2) for "highway authority" or, in Scotland, "roads authority" substitute "traffic authority". (4) In subsection (3) for "highway authority" or, in Scotland, "local roads authority" substitute "local traffic authority". 53 In section 70 of the Road Traffic Regulation Act 1984 (default powers of Secretary of State), in subsection (1) for "highway authority" or, in Scotland, "local roads authority" substitute "local traffic authority". 54 In section 71 of the Road Traffic Regulation Act 1984 (power to enter land in connection with traffic signs), in subsection (1) for "highway authority" or, in Scotland, "local roads authority" substitute "local traffic authority". 55 In section 73 of the Road Traffic Regulation Act 1984 (powers of local traffic authorities in London), in subsection (1) for "which is not a trunk road" substitute "for which they are the traffic authority". 56 In section 77 of the Road Traffic Regulation Act 1984 (modifications as respects trunk roads), for the opening words substitute "In relation to a road for which the Secretary of State is the traffic authority". 57 In section 79 of the Road Traffic Regulation Act 1984 (advances by Secretary of State towards expenses of traffic signs), in subsection (5) for "highway authority" or, in Scotland, "local roads authority" substitute "local traffic authority". 58 In section 80 of the Road Traffic Regulation Act 1984 (exercise of traffic sign functions by person other than traffic authority), in subsection (1), for "highway authority" or, in Scotland, "roads authority" in both places where those expressions occur substitute "traffic authority". 59 (1) Section 82 of the Road Traffic Regulation Act 1984 (what roads are restricted roads) is amended as follows. (2) In subsection (1) for the words from "if" to the end substitute-- " if-- (a) in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart; (b) in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State. " . (3) In subsection (2) for "A direction may be given" substitute "The traffic authority for a road may direct", and in paragraphs (a) and (b) for "a specified road" substitute "the road". (4) For subsection (3) substitute-- " (3) A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road. " . 60 (1) Section 83 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (provisions as to directions under section 82) is amended as follows. (2) In subsection (1), for the words from the beginning to "shall be given" substitute "A direction under section 82(2) by the Secretary of State shall be given". (3) For subsection (2) substitute-- " (2) A direction under section 82(2) by a local traffic authority shall be given by means of an order made by the authority. " . 61 In section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), for subsection (2) (authority having power to make order) substitute-- " (2) The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so. " . 62 (1) Section 85 of the Road Traffic Regulation Act 1984 (traffic signs for indicating speed restrictions) is amended as follows. (2) In subsection (1) (duty of Secretary of State), for the words from "in the case of" to "to" substitute "in the case of a road for which he is the traffic authority, to". (3) In subsection (2) (duties of local traffic authorities), for the opening words substitute-- " In the case of any other road, it is the duty of the local traffic authority-- " . (4) In subsection (3) for "local authority" substitute "local traffic authority". (5) In subsection (4), for the words from the beginning to "on a road" substitute "Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road,". (6) In subsection (5) for the words from "such a system" to "subsection (4) above" substitute "such a system of street or carriageway lighting". 63 In section 86 of the Road Traffic Regulation Act 1984 (speed limits for particular classes of vehicles), omit subsection (4) (which relates to special roads). 64 Omit section 91 (definition of "local authority" for the purposes of Part VI). 65 (1) Section 92 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (bollards and other obstructions outside Greater London) is amended as follows. (2) In subsection (1) for "the highway authority or, in Scotland, the local roads authority" substitute "the traffic authority". (3) For subsection (4) substitute-- " (4) The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below. " . 66 (1) Section 93 of the Road Traffic Regulation Act 1984 (powers of Secretary of State in relation to functions under section 92) is amended as follows. (2) For subsection (1) substitute-- " (1) Where by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road. " . (3) In subsection (2) for "any authority" and in subsection (3) for "an authority" substitute "a local traffic authority". 67 (1) Section 94 of the Road Traffic Regulation Act 1984 (bollards and other obstructions in Greater London) is amended as follows. (2) In subsection (1) (powers of Secretary of State), for "which is not a trunk road" substitute "for which he is not the traffic authority". (3) In subsection (2) (powers of London borough council), for "which is not a trunk road and for which they are not the highway authority" substitute "for which neither they nor the Secretary of State are the traffic authority". (4) In subsection (4)-- (a) in paragraph (a) for "any trunk road" substitute "any road for which he is the traffic authority"; and (b) in paragraph (b) for "which is not a trunk road and for which they are the highway authority" substitute "for which they are the traffic authority" and for "highway authority", in the second place where it occurs, substitute "traffic authority". 68 In section 100(5) of the Road Traffic Regulation Act 1984 (definition of "local authority" for purposes of provisions about removal of abandoned vehicles, &c.), for paragraph (c) substitute-- " (c) in relation to Scotland, means a regional or islands council. " . 69 In section 106 of the Road Traffic Regulation Act 1984 (initial experimental period for immobilisation of vehicles)-- (a) in subsection (7) (consent required for initial order), for "the authority responsible for traffic regulation in that area" substitute "the local traffic authority"; and (b) omit subsection (8). 70 In the [1984 c. 27.] Road Traffic Regulation Act 1984, at the beginning of Part X (general and supplementary provisions) insert-- " 121A Traffic authorities(1) The Secretary of State is the traffic authority-- (a) for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, and (b) for every road in Scotland for which he is the roads authority within the meaning of the Roads (Scotland) Act 1984. (2) In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City for which the Secretary of State is not the traffic authority. (3) In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State is not the traffic authority. (4) In Scotland, the regional or islands council are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority. (5) In this Act "local traffic authority" means a traffic authority other than the Secretary of State. " . 71 In section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities), in subsection (1) for "the highway" or, in Scotland, "the road" substitute "the highway or, in Scotland, the road". 72 In section 124(2) of the Road Traffic Regulation Act 1984 (orders exercisable by statutory instrument), omit the reference to section 30. 73 In section 125(3) of the Road Traffic Regulation Act 1984 (exercise of powers in relation to boundary roads), omit the reference to section 30(1). 74 In section 130 of the Road Traffic Regulation Act 1984 (application of Act to Crown), in subsection (2)(a) for "76 to 91" substitute "76 to 90". 75 (1) Section 131 of the Road Traffic Regulation Act 1984 (application of road traffic enactments to Crown roads) is amended as follows. (2) In subsection (2)(a) (twice), and in subsection (2)(b), for "highway authority" or, in Scotland, "roads authority" substitute "local traffic authority". (3) In subsection (7)(b) for "a highway" or, in Scotland, "a public road" substitute "a highway or, in Scotland, a public road". 76 (1) Section 132 of the Road Traffic Regulation Act 1984 (special provisions as to certain Crown roads) is amended as follows. (2) In subsection (5)-- (a) for "the local authority concerned" substitute "the traffic authority"; (b) for "the local authority may" substitute "the traffic authority may"; and (c) for the words from "and any other power" to "as respects the Crown road" substitute "and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road". (3) Omit subsection (6) (definition of "local authority concerned"). 77 In section 134(2) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (regulations excepted from obligation to consult), for "82(1)," substitute "82(1)(b),". 78 (1) Section 142(1) of the Road Traffic Regulation Act 1984 (general interpretation provisions) is amended as follows. (2) Omit the definitions of "highway authority", "local highway authority", "local roads authority" and "roads authority". (3) At the appropriate place insert-- " "off-street parking accommodation" means parking accommodation for motor vehicles off the highway or, in Scotland, off the road; " . (4) For the definition of "road" substitute-- " "road"-- (a) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and (b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984; " . (5) For the definition of "special road" substitute-- " "special road", in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984; " . (6) At the appropriate place insert-- " "traffic authority" and "local traffic authority" have the meaning given by section 121A of this Act; " . 79 In Schedule 3 to the Road Traffic Regulation Act 1984 (notification of temporary traffic restrictions), in paragraph 1(1) and (3), and in paragraph 3(2), for "the highway authority" substitute "the traffic authority". 80 (1) Schedule 9 to the Road Traffic Regulation Act 1984 (special provisions as to certain orders) is amended as follows. (2) In paragraph 13(1) (orders requiring consent of Secretary of State), in paragraph (b) for "a trunk road" substitute "a road for which the Secretary of State is the traffic authority". (3) In paragraph 20(1) (consultation before orders are made), omit the reference to section 30. (4) In paragraphs 21 and 23(1)(a) (procedure regulations), omit the words "other than section 30 of this Act". (5) In paragraph 24(b) (procedure regulations for certain orders) for "trunk roads" substitute "roads for which he is the traffic authority". (6) In paragraph 25 (power to make different provision in each case and as to posting notices)-- (a) for "highway authority" or, in Scotland, "roads authority" substitute "traffic authority", and (b) for the word "highway" in the two other places where it appears substitute the word "road". (7) In paragraph 27(1) (variation or revocation of orders), omit the reference to section 30. Part III Amendments of the Roads (Scotland) Act 198481 In section 35(2)(a) of the [1984 c. 54.] Roads (Scotland) Act 1984 (provision of lighting by roads authorities) for the words "Public Utilities Street Works Act 1950" substitute "Part IV of the New Roads and Street Works Act 1991". 82 In section 39(4) of the Roads (Scotland) Act 1984 (status of road humps)-- (a) for the words from "Part II" to "those roads)" substitute "section 117 of the New Roads and Street Works Act 1991 (restricting road works following substantial works for roads purposes)", (b) for the words "section 21(1)(a) of that Act" substitute "subsection (3) of that section", and (c) for the word "Part" substitute "section". 83 In section 56(3) of the Roads (Scotland) Act 1984 (control of works and excavations) for the words from "street works code" to "applies" substitute "provisions of Part IV of the New Roads and Street Works Act 1991 apply". 84 In section 57(5) of the Roads (Scotland) Act 1984 (dangerous works) for the words from "street works code" to "applies" substitute "provisions of Part IV of the New Roads and Street Works Act 1991 apply". 85 In section 59(6) of the Roads (Scotland) Act 1984 (control of obstructions in roads) for the words from "street works code" to "applies" substitute "provisions of Part IV of the New Roads and Street Works Act 1991 apply". 86 In section 60 of the Roads (Scotland) Act 1984 (fencing and lighting of obstructions and excavations)-- (a) in subsection (1), omit the words from "section 8" to "or to"; (b) after subsection (5) insert the following subsection-- " (6) This section shall not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991. " 87 In section 61 of the Roads (Scotland) Act 1984 (granting of permission to place and maintain etc. apparatus under a road)-- (a) at the end of subsection (1) insert "; and such permission shall be in writing", (b) in subsection (4) for the words from "undertakers"' to the end substitute "road works within the meaning of section 107 of the New Roads and Street Works Act 1991", and (c) at the end of subsection (5) insert "nor does it apply to apparatus in respect of which permission has been granted under section 109 of the New Roads and Street Works Act 1991 to execute road works". 88 After section 61 of the [1984 c. 54.] Roads (Scotland) Act 1984 there shall be inserted the following section-- " 61A Charge for occupation of road(1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods-- (a) such period as may be prescribed; or (b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances. (2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act--
(3) For the purposes of paragraph (b) of subsection (1) above, in default of agreement, the roads authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbiter. (4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (5) The regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation-- (a) is likely to exceed the prescribed period, (b) is likely to exceed the period stated in the previous estimate, or (c) is likely to exceed the period previously agreed or determined to be a reasonable period, he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant. (7) The regulations may make provision as to the time and manner of making payment of any charge. (8) The regulations shall provide that a roads authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally. (9) In this section "prescribed" means prescribed by the Secretary of State by regulations. " . 89 In section 85 of the [1984 c. 54.] Roads (Scotland) Act 1984 (control of builders' skips on road), in paragraph (a) of subsection (1) after the word "the" where it first occurs insert "written". 90 In section 121(2) of the Roads (Scotland) Act 1984 (power to obtain road-making materials) for the words "Public Utilities Street Works Act 1950" substitute "Part IV of the New Roads and Street Works Act 1991". 91 In section 132(3) of the Roads (Scotland) Act 1984 (saving for operators of telecommunications code systems) for the words from "Part II" to the end of that subsection substitute "Part IV of the New Roads and Street Works Act 1991". 92 In section 135(1) of the Roads (Scotland) Act 1984 (restriction of power of local authority in whom a sewer is vested) for the words "Sections 133 and 134" substitute "Section 134". 93 In subsection (2) of section 143 of the Roads (Scotland) Act 1984 (provisions as to regulations and orders)-- (a) in sub-paragraph (ii) of paragraph (a) (orders subject to negative resolution) after the word "section" insert "8 or", (b) in sub-paragraph (i) of paragraph (b) (orders subject to affirmative resolution) after the word "Act" insert "or regulations made for the first time under section 61A of this Act", and (c) in sub-paragraph (ii) of paragraph (b), omit the words "8 or". 94 In section 151(1) of the Roads (Scotland) Act 1984 (interpretation)-- (a) in the definition of "proposed public road" for the words "Public Utilities Street Works Act 1950" substitute "Part IV of the New Roads and Street Works Act 1991", and (b) in the definition of "road" after the words "whatever means" insert "and whether subject to a toll or not". 95 In section 155(d) of the Roads (Scotland) Act 1984 (general adaptation of subordinate legislation) for the words from "Schedule 2" to the end of that paragraph substitute "section 146 of the New Roads and Street Works Act 1991". 96 (1) In Schedule 1 to the Roads (Scotland) Act 1984 (procedures for making or confirming certain orders or schemes), after paragraph 14 there shall be inserted the following Part-- " Part IIA Toll Orders Under Section 27 of the New Roads and Street Works Act 199114A (1) Where the Secretary of State proposes to make a toll order under section 27 of the New Roads and Street Works Act 1991, he shall prepare a draft of the order and shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice-- (a) stating the general effect of the proposed order; (b) naming a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and (c) stating that, within that period, any person may by notice to the Secretary of State object to the making of the order. (2) Where a toll order is submitted to the Secretary of State by a local roads authority, the authority shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice-- (a) stating the general effect of the order as submitted to the Secretary of State; (b) naming a place in that area where a copy of the order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and (c) stating that, within that period, any person may by notice to the Secretary of State object to the confirmation of the order. (3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and-- (a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates; and (b) the notice shall state that such a statement will be so available. (4) In sub-paragraph (3) "prescribed" means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. 14B. The Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry is unnecessary, dispense with such an inquiry. 14C (1) Subject to paragraph 19 below, after considering objections (if any) to the proposed order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make or confirm the order either without modification or subject to such modifications as he thinks fit. (2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part. 14D (1) A toll order shall be subject to special parliamentary procedure where-- (a) the relevant special road scheme provides for the appropriation by or transfer to the special road authority of an existing public road comprised in the route prescribed by the scheme, and (b) the toll order authorises the charging of tolls for the use of that existing road or any part of it, unless the Secretary of State is satisfied as regards all classes of traffic entitled to use the existing road that another reasonably convenient route free of toll is available, or will be provided before the date on which the appropriation or transfer takes effect, and certifies accordingly. (2) Where the Secretary of State proposes to give such a certificate, he shall-- (a) give public notice of his intention to do so, (b) afford an opportunity to all persons interested to make representations and objections, and (c) cause a public local inquiry to be held if it appears to him to be expedient to do so, having regard to representations or objections made, and before deciding whether to give the certificate he shall consider any representations and objections made and, if an inquiry has been held, the report of the person who held the inquiry. (3) As soon as may be after giving a certificate, the Secretary of State shall publish in the Edinburgh Gazette, and in such other manner as he thinks best for informing persons affected, a notice stating that the certificate has been given. 14E. In this Part of this Schedule "proposed order" includes an order made by a local roads authority and submitted to the Secretary of State. " . (2) In paragraph 18 of that Schedule, for the words "5 or 11" there shall be substituted the words "5, 11 or 14B". (3) In paragraph 19 of that Schedule-- (a) in sub-paragraph (a), after "1" insert "or 14A"; (b) in sub-paragraph (b), after "above" there shall be inserted the words "or held under paragraph 14B above"; and (c) in sub-paragraph (c), for the words "and 13" there shall be substituted the words ", 13 and 14C". 97 At the end of Schedule 2 to the [1984 c. 54.] Roads (Scotland) Act 1984 (validity and date of operation of certain orders and schemes), the following paragraph shall be inserted-- " 6. The provisions of paragraphs 2 to 4 above apply in relation to a certificate under paragraph 14D(1) of Schedule 1 to this Act as in relation to a scheme or order to which this Schedule applies, subject to the following modifications-- (a) the reference in paragraph 2 above to the notice required by paragraph 1 above shall be construed as a reference to the notice required by paragraph 14D(3) of that Schedule, and (b) in paragraph 4 above for the words "made or confirmed" there shall be substituted the word "given" and the words from "and shall become operative" to the end shall be omitted. " . Part IV Amendments of other enactmentsRoads Act 1920 (c. 72)98 In section 10 of the Roads Act 1920 (powers of Secretary of State in relation to charges for use of vehicles on roads), at the end insert-- " Nothing in this section applies to any sum payable by virtue of Part I or II of the New Roads and Street Works Act 1991. " . Fire Services Act 1947 (c. 41)99 (1) The Fire Services Act 1947 is amended as follows. (2) In section 3(2) (supplementary powers of fire authorities; provisions as to exercise of power to place fire alarms in public places), for the words from the beginning to "maintaining the road;" or, in Scotland, "of the roads authority;" substitute-- " (2) Before exercising the powers conferred by subsection (1)(c) above in relation to a highway for which they are not the highway authority or, in Scotland, a public road for which they are not the roads authority, a fire authority shall obtain the consent of the highway or roads authority; " . (3) In section 38(1) (interpretation)-- (a) at the appropriate place insert-- " "highway authority" has the same meaning as in the Highways Act 1980; " ; and (b) in the definition of "road" for the words "Public Utilities Street Works Act 1950" substitute "Part IV of the New Roads and Street Works Act 1991". Land Powers (Defence) Act 1958 (c. 30)100 In the Land Powers (Defence) Act 1958, after section 18 insert-- " 18A Modification of street works or road works provisions(1) In relation to works in exercise of the powers under a wayleave order, or the powers conferred by section 12 of the Requisitioned Land and War Works Act 1948, the provisions of Part III or IV of the New Roads and Street Works Act 1991 (street works in England and Wales or road works in Scotland) have effect subject to the provisions of this section. (2) The provisions of Schedule 4 or 6 of that Act (settlement of plan and section for works in streets or roads with special engineering difficulties) have effect subject as follows-- (a) an objection to a plan and section in form shall be disregarded if a Minister certifies that in his opinion it would be against the national interest to submit a plan and section on a larger scale or giving further particulars; (b) no modification of a plan and section shall be made which would involve an unacceptable diversion or change; and (c) a plan and section shall not be disapproved on the ground that there should be such a diversion or change. (3) An arbitrator or arbiter appointed in pursuance of-- (a) paragraph 8(3) of Schedule 4 or 6 of that Act (settlement of plan and section in case of works in street or road with special engineering difficulties), or (b) section 84(3) or 143(3) of that Act (settlement of necessary measures in case of apparatus affected by certain major works), shall not provide for an unacceptable diversion or change. (4) In subsections (2) and (3) above an "unacceptable diversion or change" means-- (a) a lateral diversion of a government oil pipe-line to which the Minister on whose behalf the works are to be executed does not consent, or (b) a change of the site of accessory works which would necessitate such a diversion. " . Pipelines Act 1962 (c. 58)101 (1) The Pipelines Act 1962 is amended as follows. (2) In section 15 (power to place pipe-lines in streets), in subsections (1) to (9)-- (a) for "street" or, in Scotland, "road" substitute "street or, in Scotland, road", and (b) for "protected street" or, in Scotland, "protected road", wherever occurring, substitute "main road". (3) For section 15(10) substitute-- " (10) In this section--
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