Statutory undertakers include: Street works are necessary to provide and maintain utility and transport services, but can be disruptive to road users. Where the undertaker requests the authority to move his apparatus solely because of a change in the type of highway construction, he is normally required to pay the whole of the allowable costs: regulation 4(2). 8.(1)For the purposes of regulation 3(1)(a) and (b) (including those provisions as applied by regulation 5) the authority may pay to the undertaker a sum equal to 75 per cent. 11.4.1 Undertakers are under an obligation under section 140 of NRSWA to maintain their apparatus in the road to the reasonable satisfaction of the road works authority, having regard to the safety and convenience of traffic and the structure of the road and the integrity of apparatus in it. )Xnr&"4Vj\Ca`im) Undertakers not complying with the noticing requirements can be served with a fixed penalty notice under The Street Works (Fixed Penalty) (England) Regulations 2007. Diversionary works are works to reroute utility services. This "notice" cannot be extended. 0000001276 00000 n Measures Necessary where Apparatus is affected by Major Works (Diversionary Works), ESpur,Saughton House <> 11.8.2 A vehicle may be parked outside a works site provided that it obeys the parking rules that apply to any other vehicle in that road. An Act to amend the law relating to roads so as to enable new roads to be provided by new means; to make new provision with respect to street works and, in Scotland, road works; and for connected purposes. Collapse. The National Infrastructure Strategy was delivered in an HM Treasury Report in November 2020 and it sets out the governments intentions for the UK. 0000065695 00000 n 11.11. These Regulations shall not apply to works executed pursuant to. Works (Diversionary Works): A Code of Practice 1992. The code of practice has several stages and each stage must be complete to progress to the next. For users who are not a Local Authority or Rail Authority, or who are not a Utility Company or an Independent Connection Provider (ICP) there is a fee of43.20 inclusive of VATfor each search. We also use cookies set by other sites to help us deliver content from their services. No changes have been applied to the text. Details of the procedure can be found in the Code of Practice: Measures Necessary Where Apparatus is Affected by Major Works (Diversionary Works) and HAUC(UK) Advice Note No 2010/1 Diversionary Works. HVrH}+Q2B][qbID$o{f$TJ#M>}{l=nVWus@@w-o Q[ pmy/!W.']*QZ{n{-v. Timescales for responses at each stage are also set out in the Code. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Road works are different from street works. It is the first of its kind: rooted in the expert advice of the highly respected National Infrastructure Commission (NIC) and responding to its ground-breaking 2018 assessment of the countrys infrastructure needs. 11.3.9 When a notice or order has been made, the works promoter will be responsible for complying with the relevant requirements of the traffic authority and police for the closure of the road. should contact . All 'C' numbered references in the text of this note refer to . The government wants to deliver an infrastructure revolution: a radical improvement in the quality of the UKs infrastructure to help level up the country, strengthen the Union, and put the UK on the path to net zero emissions by 2050. Deferment of the Time for Renewal HAUC Advice Note No 2008/01 supersedes Appendix E in so far as it introduces a revised rate of interest (3.5%) to be used in the calculation. 0000000016 00000 n Set up a review task group from within the industry to deliver a review of the COP. It is our intention to conduct the review in a transparent and inclusive way, working with the devolved governments in delivering a framework for change balancing the needs of asset owners, authority project delivery and public purse burdens. stream The Street Works Codes of Practice detail the workings of the legislation. 11.3.2 Where the road works authority is satisfied that there is a likelihood of danger to the public or serious damage to the road (e.g. 11.12.1 A Fixed Penalty Notice (FPN) offers the opportunity of discharging any liability to conviction for certain offences under NRSWA by payment of a fixed penalty charge. (as appropriate) of the allowable costs, (a)in a single lump sum before the diversionary works begin; or. 0000002240 00000 n 5.(1)This regulation applies where major works are initiated, (a)by an authority on behalf of another person or by an authority other than in its capacity as such; or. The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. This Code is approved by the Department to give practical advice where an undertakers apparatus in a street is or may be affected by major road works, bridge works or transport works. There are some circumstances where works might be required under NRSWA . endobj 0000066331 00000 n Invoices should be itemised as follows: (ii) Cost of Advertising in Local Paper; and. 11.3.6 It should be borne in mind that the road works authority must be informed of early re-opening of the road following a temporary notice or Order. This should ensure that wherever possible, and at reasonable cost, their requirements can be met. For more information see the EUR-Lex public statement on re-use. YlTyVN19Vs+iUji!9 a sum equal to 7.5 per cent. 0000066000 00000 n The road works authority may arrange a joint inspection by agreement with the undertaker. Added new statutory guidance on permit schemes. 0000005634 00000 n startxref This Code of Practice provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertaker apparatus, The code of Practice for Co-ordination 5th Edition, together with HAUC (England) Operational Guidance for Permit Schemes appended, is released. Infrastructure is long-term. provided for by the 1992 Regulations. Infrastructure is long-term. (a)costs incurred in preparing the initial set of plans and estimates in relation to those diversionary works (but not in preparing any further plans and estimates which the authority may require); (b)costs disallowed under regulation 6(3). 11.8.3 When assessing the impact of works, the parking of works vehicles must be taken into account. 0000065895 00000 n (4)In calculating the allowable costs for the purposes of regulations 3 and 4 as applied by this regulation there shall be taken into account in favour of the undertaker. 11.8.1 A works vehicle may be parked in a works site provided that it is necessary for carrying out those works. Well send you a link to a feedback form. 11.1 Location of Works and Apparatus - Exchange of Information. This Code of Practice is intended to help road works authorities carry out their duty to co-ordinate works in the road under section 118 of NRSWA, and undertakers to fulfil their duty to co-operate in this process under section 119 of NRSWA. Revision of the Diversionary Works Code of Practice, 'Measures necessary where Apparatus is affected by Major Works (Diversionary Works)', published in 1992, has been "on hold" for some time awaiting a decision by the Department for Transport on whether the current legal ruling on the issue of charging for estimates reflects the original (3)This regulation is subject to regulation 6. Upon application for a TTRO, road works authorities should provide the works promoter with the estimated cost of the order. 2. Diversionary Works Code of Practice - New Roads & Street Works Act 1991).. At the C2 stage "the highway authority would seek from all undertakers, details of . Transport, digital, energy and utility networks are vital for jobs, businesses, and economic growth. of the allowable costs of the diversionary works; in other cases where payment is made in accordance with regulation 8(1), a sum equal to 82 per cent. For initial enquiries (C2's) please register your search at: https://www.linesearchbeforeudig.co.uk/ 0000065588 00000 n You have rejected additional cookies. 1.1 Revision of the Diversionary Works Code of Practice, 'Measures necessary where Apparatus is affected by Major Works (Diversionary Works)', published in 1992, has been "on hold" for some time awaiting a decision by the Department for Transport on whether the current legal ruling on the issue of charging for estimates reflects the In appendix C2 of 'Measures necessary where apparatus is affected by Major works (diversionary works)' Code of practice that accompanies . The Diversionary Works Code provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertakers' apparatus. 11.4.8 The road works authority should specify the time within which it is reasonable for the undertaker to assist before the road works authority commences any remedial works. Signed by the authority of the Secretary of State for the Environment, Transport and the Regions, Department of the Environment, Transport and the Regions, (This note is not part of the Regulations). a leaking gas main), they may issue a "temporary emergency notice" imposing a closure or restriction. 11.1.2 Until there is the facility for all interested parties to exchange information electronically, existing arrangements should continue to ensure that information about apparatus is made available to works promoters. The Code therefore aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. The Street Works (Northern Ireland) Order 1995 (the Order) as amended by The Street Works (Amendment) (Northern Ireland) Order 2007 forms the legislative framework within which DfI Roadscarries out these duties. 7 0 obj Street works and road works information for local authorities and statutory undertakers carrying out work on or under the street. This Code of Practice gives practical guidance on procedures for inspections, investigations, improvement plans, fee arrangements and reports in England, This Code of Practice provides practical guidance on a wide range of responsibilities of street authorities and undertakers in relation to street or road works in relation to The Street Works (Northern Ireland) Order 1995, This Code of Practice gives practical guidance about the reinstatement standards required in Northern Ireland, This Code of Practice gives practical guidance on procedures for inspections, investigations, improvement plans, fee arrangements and reports in Northern Ireland, This Code of Practice is intended to help road works authorities carry out their duty to co-ordinate works in the road, and undertakers to fulfil their duty to co-operate in this process in Scotland, A code of Practice for outlining a national standard applicable to all Undertakers when carrying out reinstatement as a part of executing road works in Scotland, This Code of Practice for Inspections describes the requirements for inspecting, reporting and subsequently repairing defective apparatus in Scotland, This Code of Practice aims to balance the statutory rights of highway authorities and undertakers to carry out works with the right of road users to expect the minimum disruption from works in Wales, This Code of Practice sets out the revised requirements on materials, workmanship and standard of reinstatement of street works which apply to street works in Wales, This Code of Practice gives practical guidance on procedures for inspections, investigations, improvement plans, fee arrangements and reports in Wales, Traffic Safety Measures and Signs for Road Works and Temporary Situations - Design, Traffic Safety Measures and Signs for Road Works and Temporary Situations - Operations, Traffic Safety Measures and Signs for Road Works and Temporary Situations - Update. In any sizeable diversionary works project, incorrectly applying NRSWA cost sharing could unnecessarily cost the statutory undertaker significant sums of money. The National Infrastructure Strategy was delivered in an HM Treasury Report in November 2020 and it sets out the governments intentions for the UK. (2)After the diversionary works have been completed, the person to whom any sum by way of allowable costs is due (the creditor) shall issue to the person from whom the sum is due (the debtor) an account of the sum owing and within 35 days of that account having been issued. 11.5.3 Roads that have been subject to such a notice will be recorded in the SRWR. 378 0 obj <> endobj 0000002634 00000 n 0000064961 00000 n To help us improve GOV.UK, wed like to know more about your visit today. 2 0 obj 3.(1)Where, because of major works initiated by an authority, an undertaker executes diversionary works, the authority shall pay to the undertaker. If they take longer than this, the highway authority may impose an overrun charge, so utilities are incentivised to complete their works on time. Neos Networks will respond one of two ways: Depending on the complexity of your scheme, we aim to provide a response to initial enquiries (C2) within 10 working days, budget estimates (C3) within 20 working days and detailed estimates (C4) within 25 working days. 11.5.2 Once a roads authority has placed a notice on the SRWR of its intention to carry out major works, this means that when calculating an undertaker's allowable costs there shall be disallowed costs for diversionary works incurred in respect of apparatus placed in the road after the date of the notice. The code provides practical guidance on the responsibilities of authorities and undertakers. New Roads and Street Works Act 1991 is up to date with all changes known to be in force on or before 28 August 2022. 6.(1)Subject to paragraph (2), where the major works consist of or include major bridge works, allowable costs shall be so calculated that the undertaker is not liable for costs in respect of the provision of, (a)adequate space in the structure of the bridge; or. The principal change effected by the Regulations is that the undertakers share of the costs of diversionary works required in the case of certain major transport works is now 7.5 per cent. 11.3.3 The works promoter must give a notice in advance as required by road works authorities to make a "notice" for works that may not last longer than 5 working days. However, should emergency works be required, then (without impeding any immediate emergency action which the circumstances may require) the matter will be resolved in accordance with the Disputes and Arbitration Code of Practice. The road works authority is required to state in the notice: The road works authority is then required to inform the police, fire and ambulance service and any adjacent road works authority that may be affected. The procedure to be used by undertakers when applying to use portable light signals is detailed in RAUC(S) Advice Note 8 - Portable Light Signals. It is not available electronically. Undertakers should check whether any further dispensation is required well before the works are due to start. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 0000065009 00000 n HAUC(UK) initial review plan would be too: 1. This code of practice is intended to help local authorities co-ordinate works in the highway under section 59 of the New Roads and Street Works Act (1991) (NRSWA). Access essential accompanying documents and information for this legislation item from this tab. aSJBPTLsJyDQPRS]WSa Ln_DeJmd Ne=b|ds./^W\'vr6]`n%/[&maT-cUu^)/VY M l&J6jt&im:vs6 1kZMnT9?piBT[5[vy}uv ^Ov'$-bYP6c a'E5vKwws1a >KMd7Z\`,a!e,seC(AYQUg^Ot!^vfPm5N2,\Pk8WV])]_ZIR(\]0fz(mFKy]V#.]w] 5\vY/xg]Vng[ Dont worry we wont send you spam or share your email address with anyone. 0000033024 00000 n It is out of print and does not take cognisance of any new and emerging utilities and technologies. This notice is limited to 21 consecutive days' duration; however, it may be extended by one further notice (giving a further 21 consecutive days) but may be followed only by processing a long duration order. Currently there are 6 Codes all related to the 1995 Order. Where diversionary works are executed by an undertaker because of major works initiated by an authority, the authority shall pay 82 per cent. There are 6 Codes all related to the next, digital, energy and utility are... 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