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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 (“the 2001 Regulations”). They provide for the payment of charges to highway authorities where certain street works, executed by undertakers in maintainable highways, are unreasonably prolonged.

Regulation 2 revokes the 2001 Regulations subject to regulation 4 which continues to apply them to street works in England in respect of which notice was given under section 54(1), 55(1) or 57 of the New Roads and Street Works Act 1991 (“the 1991 Act”) before this instrument came into force.

Regulation 6(1) and (2) require an undertaker, executing street works in a highway to which these Regulations apply by virtue of regulation 5, to give an “actual start of works notice” within the periods set out. Regulation 6(3) and (4) specify the period within which a “works clear notice” must be given following the completion of an interim reinstatement of the highway and within which a “works closed notice” must be given following permanent reinstatement.

Regulation 7 establishes the “prescribed period” for the purposes of section 74(1)(a) of the 1991 Act and regulation 8 specifies when works end for the purpose of calculating any overrun charges.

Regulation 9 prescribes the charges payable where the duration of street works exceeds the longer of the prescribed period or a reasonable period, subject to certain exemptions. Different daily rates will apply depending upon the category of street works and the type of street in which they are carried out. Where remedial works are carried out, any overrun will be charged as if those works were in the same category as the works being remedied. For this purpose, provision is made for treating older works as being within contemporary categories of street works. Where the duration of works would not have overrun but for the presence of a single item of signing, lighting or guarding, the charge will consist of a single payment of £100 provided the undertaker removes it within the specified time limit following the highway authority’s request to do so. Provision is made for the reduction or waiver of a charge in various cases.

Regulations 10 and 11, which do not apply where a permit to carry out street works is required, enable an undertaker to provide the highway authority, in certain circumstances, with an estimate or revised estimate of the duration of works, which may be taken to be agreed as a reasonable period in the absence of an objection by the highway authority concerned.

Regulation 12 provides for the application of charges and the keeping of accounts. Regulation 13 creates an offence of failing to give any notice required by the Regulations.

Regulations 14 and 15 prescribe the form of any notice and the manner in which it must be served.

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Transport, zone 2/08, Great Minster House, 76 Marsham Street, London SW1P 4DR (Tel: [phone]) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Both the Explanatory Memorandum and the assessment may also be found by visiting the Department’s website at www.dft.gov.uk.