The Street and Road Works (Miscellaneous Amendments) (England) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments relating to street works and works for road purposes. They amend the following instruments—

(a) the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 (S.I. 2007/1951) (“the 2007 Noticing Regulations”),

(b) the Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372) (“the Permit Scheme Regulations”),

(c) the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 (S.I. 2009/303) (“the 2009 Regulations”), and

(d) the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 (S.I. 2012/425).

The 2007 Noticing Regulations are amended to require notices under sections 58 (restriction on works following substantial road works) and section 58A (restriction on works following substantial street works) and Schedule 3A of the New Roads and Street Works Act 1991 (c. 22) to be submitted by Street Manager (the digital service for planning, managing and communicating street and road works which was introduced in 2020), to amend the list of criteria by reference to which an authority can designate a road as “traffic sensitive” and to amend the definition of “major works”.

The Permit Scheme Regulations are amended so that:

(a) permit schemes will require applicants to submit additional information relating to “ancillary works” as part of their application,

(b) the exceptions to the effect of restrictions under section 58 and section 58A of the 1991 Act which have effect in noticing areas are replicated in areas which operate permit schemes (see regulation 3(4) which inserts new regulation 9A), and

(c) authorities will be required to give work start/stop notices in respect of their own works for road purposes via Street Manager in the same way as undertakers are required to do under the 2009 Regulations (see new regulation 9B).

The 2009 Regulations are amended to require more real-time updates of works’ start and stop information, including at weekends (see regulation 4(3)). Regulation 9 of the 2009 Regulations is also amended to require authorities to issue overrunning undertakers with a notice of works overrunning ahead of issuing an account setting out the charges payable (see regulation 4(4)(c)).

Minor amendments consequential on changes made to the 2009 Regulations by The Street and Road Works (Amendments Relating to Electronic Communications) (England) Regulations 2020 (S.I. 2020/122) have been made to The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 (S.I. 2012/425) (see regulation 5).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.