Search Legislation

The Street Works (Registers, Notices, Directions and Designations) (Wales) (No 2) Regulations 2008

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Restriction on works following substantial road works

11.—(1) For the purposes of section 58(1), substantial road works means works for road purposes which comprise a reconstruction, widening, alteration in the level, resurfacing or specialist non-skid surface dressing of the part of the highway concerned and which if carried out —

(a)in a footpath, footway, bridleway or cycle track —

(i)extend for more than 30 metres of continuous length; and

(ii)in the case of a footpath or cycle track, result in the width available for pedestrians or cyclists, as the case may be, being reduced by more than two-thirds; or

(b)in the carriageway —

(i)extend for more than 30 metres of continuous length; and

(ii)result in the use by vehicles of the carriageway being prohibited or the width of carriageway available for vehicular traffic being reduced by more than one-third.

(2) For the purposes of section 58(1), the prescribed period is —

(a)5 years in relation to substantial road works involving reconstruction;

(b)3 years in relation to substantial road works involving resurfacing or an alteration in the level of the highway;

(c)1 year in relation to any other substantial road works carried out in a traffic-sensitive street or a street in road category 0, 1 or 2 which is not a traffic-sensitive street; and

(d)6 months in relation to any other substantial road works carried out in a street in road category 3 or 4 which is not a traffic-sensitive street.

(3) A notice under section 58(1) relating to a proposed restriction on street works following substantial road works must be published by the street authority concerned on any website maintained by the authority for the purpose of providing information to the public.

(4) For the purposes of section 58(2), the period prescribed is 3 months.

(5) In addition to those to whom a copy of the notice must be given by virtue of section 58(3), a copy must also be given to —

(a)the occupier of any premises which have a frontage onto the part of the highway to which the proposed restriction relates; and

(b)any other person who has made a written request asking for a copy of any such notice.

(6) Where street works following substantial road works are restricted by a notice under section 58(1), that notice ceases to be effective if the road works to which it relates are not substantially begun within six months of the later of —

(a)the date specified in the notice as being the date on which it is proposed to begin the works; or

(b)the completion of all works executed as a consequence of any notice given to a street authority in accordance with regulation 9(3).

(7) For the purpose of section 58(5), in addition to the cases specified in that subsection, an undertaker may execute urgent works or any other works set out in paragraph (8).

(8) The works referred to in paragraph (7) are street works —

(a)not involving breaking up the street;

(b)that are —

(i)required to respond to a request for a new service or supply to a customer which was not received at a time when it was practicable for the works to be done before the date on which the restriction began; and

(ii)carried out more than 19 days from that date;

(c)carried out —

(i)under regulation 16(3)(b) of the Gas Safety (Installation and Use) Regulations 1998(1) (primary meters);

(ii)to comply with an improvement notice under section 21 of the Health and Safety at Work etc Act 1974(2) (improvement notices); or

(iii)as a consequence of a prohibition notice under section 22 of that Act (prohibition notices); or

(d)that —

(i)are required to comply with a programme approved under regulation 13A of the Pipelines Safety Regulations 1996(3) (iron pipelines); and

(ii)could not have been identified before the restriction began.

(9) For the purposes of section 58(7), any question as to whether the withholding of consent by a street authority is unreasonable is to be settled by arbitration.

(10) In this regulation —

“cycle track” (“llwybr beiciau”) has the same meaning as in section 329(1) of the Highways Act 1980(4);

“reconstruction” (“ail adeiladu”) means the removal of some or all of the various layers that make up a road pavement and their replacement; and

“resurfacing” (“rhoi wyneb newydd”) means the removal of the running surface of a carriageway and its replacement to restore surface integrity and skid resistance.

(2)

1974 c. 37. Section 22(1) and (2) were amended, and section 22(4) substituted, by the Consumer Protection Act 1987, section 3 and Schedule 3, paragraph (2).

(3)

S.I. 1996/825 as amended by S.I. 2003/2563.

(4)

1980 c. 66; section 329(1) was amended by section 1(1) of the Cycle Tracks Act 1984 (c. 38) and by the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3, paragraph 21(2).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources