Charges for whole duration of works
19. In the 1995 Order, after Article 34 insert—
“Charge determined by reference to duration of works
34A.—(1) The Department may make provision by regulations requiring an undertaker executing street works in a road to pay to the Department a charge determined, in the prescribed manner, by reference to the duration of the works.
(2) The regulations may prescribe exemptions from the requirement to pay charges.
(3) The regulations may prescribe different rates of charge according to—
(a)the extent to which the surface of the road is affected by the works,
(b)the place and time at which the works are executed, and
(c)such other factors as appear to the Department to be relevant.
(4) The regulations may—
(a)prescribe more than one rate of charge in respect of the same description of works, and
(b)provide that charges are to be paid in respect of any works of that description at the rate which appears to the Department to be appropriate in relation to those works.
(5) The regulations—
(a)may make provision for the determination of the duration of works for the purposes of the regulations; and
(b)in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the Department, in the prescribed manner, in accordance with a requirement imposed by the regulations.
(6) The regulations may make provision as to the time and manner of making payment of charges.
(7) The regulations shall provide that the Department may reduce the amount, or waive payment, of a charge—
(a)in any particular case,
(b)in such classes of case as it may decide or as may be prescribed, or
(c)in all cases or in all cases other than a particular case or such class of case as it may decide or as may be prescribed.
(8) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale.
(9) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.
(10) The first regulations under this Article shall not be made unless a draft of them has been laid before and approved by a resolution of the Assembly.
(11) Nothing shall be taken to prevent the imposition of charges by both regulations under Article 34 and regulations under this Article in respect of the execution of the same works at the same time.”.