The Street Works (Charges for Occupation of the Highway) (England) Regulations 2001

Prescribed charges

5.—(1) An approved authority may, subject to paragraph (8), require an undertaker to pay the prescribed charge for the whole of the duration of street works carried out by the undertaker in a maintainable highway to which these Regulations apply.

(2) Paragraph (1) does not apply to the following works—

(a) works which do not require breaking up the street,

(b) repairing, resetting or replacing manhole or chamber covers or frames,

(c) replacing poles, lamps, columns or signs in the same location, and

(d) pole testing.

(3) The duration of street works includes any period during which an undertaker is carrying out remedial works required by an approved authority pursuant to section 72(3) of the Act.

(4) The charge shall, in respect of any set of street works notified in a single notice in any street specified by reference to the National Street Gazetteer, be of an amount determined by the approved authority in accordance with the formula cxd, where—

• c is such amount, not exceeding £1,000, as the authority decides is appropriate;

• d is the duration of the works.

(5) Where street works are carried out by an undertaker at the junction of two or more streets, and different rates of prescribed charge apply to those streets, the works shall be charged at whichever of those rates appears appropriate to the authority.

(6) Works shall be treated as beginning, for the purposes of paragraph (4), on the date given in the actual start of works notice or the first daily whereabouts notice, as the case may be.

(7) Works shall be deemed to continue for the purposes of paragraph (3) until a works clear notice or a works closed notice (as the case may be) has been given in respect of those works.

(8) An approved 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 in all cases other than a particular case or such class of case as they may decide.

(9) Charges may only be made in respect of works for which notification is required to be given by notice pursuant to the Act relating to such works that they are to be executed in a street or streets identified as that street or those streets are identified in the National Street Gazetteer.

(10) Charges are only payable in respect of street works where the approved authority have given the undertaker, not later than six months after receipt of a works clear notice or a works closed notice (whichever is the earlier), an account in writing setting out the charge payable.