Commentary on provisions of the Act Part 3: Construction and maintenance of highways Construction and alteration
Under paragraph 10(1), if a new highway is constructed, or an existing highway altered (except by carrying out street works to which the New Roads and Street Works Act 1991 applies), this must be done to the reasonable satisfaction of the highway authority. By virtue of paragraph 10(2) and (3), within 28 days of a request by the nominated undertaker, the highway authority must provide a certificate of their satisfaction or give notice of their refusal to issue such a certificate. If they do not do so within that period, then a certificate is treated as having been issued.
	If a dispute arises over the issuing of a certificate, paragraph 10(4) provides that this must be settled by arbitration or by the Secretary of State.
	Paragraph 11 relates to the realignment or construction of a highway which comprises a carriageway. Paragraph 11(2) requires this to be done in accordance with plans approved by the highway authority, such approval not to be unreasonably refused. If a dispute arises about this, under paragraph 11(3) it must be settled by arbitration or by the Secretary of State.
	Paragraph 11(4) provides that approval is to be treated as having been given after 28 days, unless the authority notifies the applicant to the contrary within that period.
	Paragraph 12 enables the nominated undertaker to enter into agreements with highway authorities about the construction and alteration of highways to be stopped up or interfered with under the Act, including agreements delegating the nominated undertaker’s powers concerning the proposed works.
	Paragraph 13 provides that where a work appears to the Secretary of State to constitute the realignment or extension of a trunk road or motorway, then the Secretary of State may by order provide that the extended or realigned portion is to become a trunk road or motorway on a day specified in or under the order, and (in the case of a motorway) the classes of traffic which may use it.