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The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008

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Notice of starting date of works

9.—(1) Subject to paragraph 2(6) of Schedule 3A to the 1991 Act and paragraphs (3), (6) and (7) below, for the purposes of section 55, an undertaker proposing to begin to execute street works of a category specified in column 1 of the table below must give a period of notice in relation to that category of not less than that shown in column 2.

Table

(1)(2)
Category of worksPeriod
Major works10 days
Standard works10 days
Minor works3 days

(2) Subject to regulation 6(2) and paragraphs (6) and (7) below, for the purposes of section 55, where an undertaker proposes to execute urgent works in any street, he or she must give notice as soon as reasonably practicable and in any event within two hours of the works having begun.

(3) Subject to paragraphs (6) and (7), where an undertaker —

(a)has been given notice under section 58(1) restricting future street works following substantial road works;

(b)proposes to begin to execute —

(i)street works, other than immediate works, before the restriction comes into effect; or

(ii)street works, other than works permitted under section 58(5), which involve breaking up the part of the highway to which the restriction will apply or tunnelling or boring under it, while it is in effect; and

(c)has not already given notice in relation to those works in accordance with paragraph (1),

he or she must, for the purposes of section 55, give notice of his or her proposals not more than 20 days from the date on which the notice under section 58(1) was published.

(4) For the purposes of section 55(7), the period prescribed is —

(a)5 days where the notice relates to major works or standard works; and

(b)2 days where it relates to minor works.

(5) For the purposes of section 55(8), the period prescribed is 2 days beginning with the date on which the notice ceases to have effect.

(6) No notice under section 55(1) is required where an undertaker proposes to begin to execute street works —

(a)in a street which is not a traffic-sensitive street;

(b)in the footway of a traffic-sensitive street at a traffic-sensitive time; or

(c)in a traffic-sensitive street, other than at a traffic-sensitive time,

if the works do not involve breaking up the street or tunnelling or boring under it.

(7) A statutory undertaker is not required to give notice under section 55(1) to any person to whom this paragraph applies unless such person has requested such notice.

(8) Sub-paragraph (7) applies to —

(a)any statutory undertaker having apparatus in the street which is likely to be affected by the works; and

(b)any person who would otherwise be entitled to such notice solely by virtue of his or her having in the street part of a service pipe lying between the boundary of the street and the stopcock on such pipe in that street or his or her having a drain in that street.

(9) In paragraph (8) “drain”, “service pipe” and “stopcock” have the same meaning as in the Water Industry Act 1991(1).

(1)

1991 c. 56. The definition of “service pipe” in section 219(1) was amended by section 92(6) of the Water Act 2003 (c. 37). There are other amendments not relevant to these Regulations.

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