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The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009

Type Statutory-Instrument

Publication 2009-02-14

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API PDF

Made: 14th February 2009

Laid before Parliament: 20th February 2009

Coming into force: 6th April 2009

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 74, 97 and 104(1) and (3) of the New Roads and Street Works Act 1991[^f00001]:

Citation, commencement and application

1

(1) These Regulations may be cited as the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 and shall come into force on the 6th April 2009.

(2) These Regulations apply to England only.

Revocation

2

Subject to regulation 4, the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001[^f00002] are revoked.

Interpretation

3

In these Regulations—

“the 1984 Act” means the Road Traffic Regulation Act 1984[^f00003];

“the 1991 Act” means the New Roads and Street Works Act 1991;

“the 1992 Regulations” means the Street Works (Registers, Notices, Directions and Designations) Regulations 1992[^f00004];

“the 2004 Act” means the Traffic Management Act 2004[^f00005];

“address”, in relation to a particular method for transmitting an electronic communication, means any number or address used for the purposes of such method of transmission;

“bridleway”, “footpath” and “footway” have respectively the meaning given in section 329(1) of the Highways Act 1980[^f00006];

“day” means a working day;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000[^f00007];

“immediate works” means urgent works or emergency works[^f00008];

“limited designation” means a designation in accordance with regulation 16(3) of the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007[^f00009], for particular times or on particular dates;

“major works” means— street works which have been identified in the annual operating programme of an undertaker, or which, though not specifically identified in such programme, would normally be planned or known about at least six months in advance of the date proposed for the works; street works, other than immediate works, where— the street authority has indicated to an undertaker, or the undertaker considers, that an order under section 14 of the 1984 Act (temporary prohibition or restriction on roads) is required; or street works, other than immediate works, the planned duration of which exceeds ten days;

“minor works” means, save as provided in regulation 9(8), street works, other than immediate works or major works, the planned duration of which does not exceed three days;

“msa” means million standard axles;

“pedestrian planning order” means an order made under section 249(2) or (2A) of the Town and Country Planning Act 1990[^f00010];

“permit” and “permit scheme” are to be construed in accordance with section 32 of the 2004 Act;

“Permit Authority” means— a local highway authority in respect of which an order has been made under section 34(4) of the 2004 Act; or the Secretary of State, as a highway authority or the person with responsibility for the management and control of streets in the Royal Parks, in respect of whom an order has been made under section 35(2) of that Act, giving effect to a permit scheme;

“prescribed period” means the period prescribed by regulation 7;

“remedial works” are works carried out under section 72(3) of the 1991 Act;

“road category” means one of the road categories specified in paragraph 1.3.1 of Chapter S1 of the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated June 2002[^f00011] and approved by the Secretary of State for Transport on 30th June 2002, as revised or re-issued from time to time;

“Royal Park” has the meaning given in section 39(1) of the 2004 Act;

“standard axle” means an axle which exerts a force of 80 kilo Newtons;

“standard works” means, save as provided in regulation 9(8), street works, other than immediate works or major works, the planned duration of which exceeds three days but does not exceed ten days;

“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works;

“the Technical Specification” means the Technical Specification for the Electronic Transfer of Notifications produced by the Department for Transport and dated December 2008, as revised or re-issued from time to time;[^f00012]

“traffic order” means an order made under section 1, 6 or 9 of the 1984 Act;

“traffic-sensitive street” means a street designated as traffic-sensitive under section 64 of the 1991 Act;

“traffic-sensitive time”, in relation to a traffic-sensitive street, means— the times or dates specified in the case of a limited designation; and any time in any other case; and

“urgent works”— means street works, other than emergency works, whose execution at the time when they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required)— to prevent or put an end to an unplanned interruption of any supply or service provided by an undertaker; to avoid substantial loss to an undertaker in relation to an existing service; or to reconnect supplies or services where an undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiry of the appropriate notice period; and includes works which cannot reasonably be severed from such works.

Transitional arrangements

4

These Regulations do not apply to street works in England in respect of which an undertaker has given notice under section 54(1), 55(1) or 57 of the 1991 Act before the date on which they come into force and the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 shall continue to have effect in relation to those works as if they had not been revoked.

Application of Regulations

5

These Regulations apply to every maintainable highway, other than a footpath, a bridleway, a highway in relation to which a pedestrian planning order is in force and a highway whose use by vehicular traffic is prohibited by a traffic order, unless that prohibition is only at particular times.

Notices

6

(1) Subject to paragraph (2), an undertaker executing street works in a highway to which these Regulations apply shall give the highway authority for that highway notice in writing of the beginning of those works specifying the street in which the works are to be carried out (“actual start of works notice”) not later than the end of the next day following the date on which the works begin.

(2) Where works are executed under a permit granted by a Permit Authority in a traffic-sensitive street or in a street in road category 0, 1 or 2 which is not a traffic-sensitive street, the period within which the actual start of works notice must be given in accordance with paragraph (1) shall be the period applicable by virtue of paragraph 16.7 of the Code of Practice for Permits dated March 2008[^f00013], as revised or re-issued from time to time.

(3) When an undertaker has—

(a) completed interim reinstatement of a highway;

(b) removed—

(i) all signing, lighting and guarding, and

(ii) all remaining spoil, unused materials and other plant; and

that undertaker shall give the highway authority notice that this has been done (“works clear notice”) not later than the end of the next day following the date on which the highway was returned fully to public use.

(4) When an undertaker has—

(a) completed permanent reinstatement of a highway;

(b) removed—

(i) all signing, lighting and guarding, and

(ii) all remaining spoil, unused materials and other plant; and

that undertaker shall give the highway authority notice that this has been done (“works closed notice”) not later than the end of the next day following the date on which the highway was returned fully to public use.

Prescribed period

7

In relation to an undertaker executing street works in a highway to which these Regulations apply, the period prescribed under section 74(1)(a) of the 1991 Act shall be two days, starting on the date on which the works begin.

Duration of works

8

For the purposes of these Regulations, the duration of street works will only come to an end when the undertaker has—

(a) completed interim reinstatement, or as the case may be permanent reinstatement, of a highway;

(b) removed—

(i) all signing, lighting and guarding, and

(ii) all remaining spoil, unused materials and other plant; and

Prescribed charges

9

(1) Subject to paragraphs (2), (12) and (13), an undertaker executing street works in a highway to which these Regulations apply shall pay the highway authority a charge to be determined in accordance with paragraphs (3) to (11).

(2) Paragraph (1) shall not apply to—

(a) works—

(i) in a street which is not a traffic-sensitive street,

(ii) in the footway of a traffic-sensitive street at a traffic-sensitive time, or

(iii) in a traffic-sensitive street, other than at a traffic-sensitive time,

if the works do not involve breaking up the street or tunnelling or boring under it;

(b) works consisting only of the creation of holes of less than 3 centimetres in diameter, for investigatory purposes;

(d) pole testing.

(3) Subject to paragraphs (5) and (9), the charge shall be of an amount calculated in accordance with paragraph (4) and shall be payable for each day, or part of a day, by which the duration of the works exceeds the longer of—

(a) the prescribed period, or

(b) a reasonable period[^f00014].

(4) In relation to street works of a category set out in column (3) of Table 1, executed in a street of a description referred to in column 2 in relation to that category, the amount of the charge shall be the amount set out in column 4.

1.	2.	3.	4.
Item No.	Description of street.	Category of street works.	Amount of charge (£).
1.	Street not being a street in road category 2, 3 or 4.	Major works Standard works Minor works Immediate works	2,500 2,500 500 500

2.	Street in road category 2.	Major works Standard works Minor works Immediate works	2,000 2,000 500 500

3.	Street in road category 3 or 4, being a traffic-sensitive street.	Major works Standard works Minor works Immediate works	750 750 250 250

4.	Street in road category 3 or 4, not being a traffic-sensitive street.	Major works Standard works Minor works Immediate works	250 250 100 100

(5) Subject to paragraphs (7) and (9), the charge in relation to remedial works will be calculated as if those works were street works of the same category as the works set out in paragraph (6).

(6) The works referred to in paragraph (5) are those works in respect of which—

(a) there has been a failure to comply with the undertaker’s duties with respect to reinstatement; and

(b) the street authority has required the undertaker to carry out the remedial works.

(7) Where the works referred to in paragraph (6) were, at the time notice was given in respect of them under section 54(1), 55(1) or 57 of the 1991 Act, works which fell into one of the categories set out in column 2 of Table 2 for the purposes of the 1992 Regulations, those works shall be treated, for the purposes of paragraph (5), as if they were in the equivalent category set out in column 3 in relation to that category.

1.	2.	3.
Item No.	Category of street works for the purposes of the 1992 Regulations.	Equivalent category of street works.
1.	Major projects	Major works
2.	Standard works	Standard works
3.	Minor works	Minor works
4.	Urgent works	Immediate works
5.	Emergency works	Immediate works

(8) In paragraph (7), the expressions used in items 1 to 4 in column 2 of Table 2 have the meaning given in regulation 2 of the 1992 Regulations.

(9) The charge will consist of a single payment of £100 in respect of any works in the circumstances set out in paragraph (10), if the requirements of paragraph (11) are met.

(10) The circumstances referred to in paragraph (9) are that—

(a) subject to sub-paragraph (c), the undertaker has—

(i) completed interim reinstatement, or as the case may be permanent reinstatement, of a highway,

(ii) endeavoured to remove all signing, lighting and guarding, and

(iii) removed all remaining spoil, unused materials and other plant;

(b) but for paragraph (c), the duration of the works would not have exceeded the longer of the prescribed period or a reasonable period; and

(11) The requirements referred to in paragraph (9) are that—

(a) the highway authority has—

(i) informed the undertaker of the identity and location of the single item referred to in paragraph (10)(c); and

(ii) requested the undertaker to remove it; and

(b) the undertaker has complied with the request by the end of the next day following the date on which the request was received.

(12) A highway authority may reduce the amount, or waive payment, of a charge—

(a) in any particular case,

(b) in such classes of case as they may decide,

(d) in all cases other than a particular case, or

(e) in all cases other than such class of case as they may decide.

(13) Charges are only payable in respect of street works where the highway authority has given the undertaker, not later than three months after receipt of a works clear notice or a works closed notice, an account in writing setting out the charges payable.

Estimates of duration of works

10

(1) Subject to paragraph (5), if an undertaker has reason to believe that the duration of the works will exceed the prescribed period, that undertaker shall give the highway authority notice containing an estimate of their likely duration—

(a) in the case of works in connection with the initial placing of apparatus in the street in pursuance of a street works licence, together with the application for the licence;

(b) in the case of works (not being emergency works) together with—

(i) the notice under section 55 of the 1991 Act (notice of starting date), or

(ii) the notification under paragraph 2(1)(d) of Schedule 3A to that Act (notification of proposed works)[^f00015]; or

(2) The period of duration contained in a notice given under paragraph (1) shall be taken to be agreed by the authority to be reasonable unless they give written notice to the undertaker, within the relevant period set out in paragraph (3), that they object to the estimate.

(3) The relevant period referred to in paragraph (2) is—

(a) 5 days, in the case of major or standard works, and

(b) 2 days, in the case of minor or immediate works,

beginning with the date on which the authority receives the notice containing the estimate.

(4) A notice of objection given by an authority under paragraph (2) shall contain their own estimate of a reasonable period for the duration of the works.

(5) This regulation shall not apply where an undertaker proposes to carry out street works in respect of which a permit must be obtained from a Permit Authority.

Further and revised estimates of duration of works

11

(1) Subject to paragraph (4), if it appears to an undertaker that, by reason of matters not previously foreseen or reasonably foreseeable, the duration of the works is likely to exceed—

(a) the prescribed period,

(b) the period stated in that undertaker’s previous estimate, or

the undertaker shall give the highway authority written notice containing an estimate or revised estimate.

(2) Where notice is given under paragraph (1), 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 highway authority to be reasonable, unless they give written notice to the undertaker, within the period set out in paragraph (3), that they object to the estimate.

(3) The period referred to in paragraph (2) shall be 2 days beginning with the date on which the authority received the notice containing the estimate or revised estimate.

(4) This regulation shall not apply where a permit to carry out proposed street works has been granted by a Permit Authority.

Application of charges and keeping of accounts

12

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