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This is the original version (as it was originally made).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.

Regulations 14, 15 and 16

SCHEDULEPROCEDURES FOR DESIGNATIONS UNDER SECTIONS 61, 63 AND 64 AND WITHDRAWAL OF SUCH DESIGNATIONS

PART 1

Designation of streets as protected

1.  Before designating a street as protected under section 61, the street authority must publish a notice of their intention to make the designation on any website maintained by the authority for the purpose of providing information to the public.

2.  The notice must specify a period, being not less than one month from the date on which the notice is published, within which objections may be made.

3.  The street authority must, not later than the date on which the notice is published, give a copy of that notice to —

(a)every undertaker whom the authority know to be working in their area, or who has given notice under either section 54 or section 55 of its intention to execute street works in their area;

(b)every local authority (other than the street authority) in whose area any street to which the proposed designation relates is situated;

(c)the occupiers or reputed occupiers of any land which is adjacent to the street;

(d)any local transport authority or local transport authority group in whose area the street is located;

(e)the Chief Officer of Police, the Chief Fire Officer and the Chief Executive of the Welsh Ambulance Services Trust in whose respective areas the street is located; and

(f)any person who has made a written request to the street authority asking to be given notice of any proposed designation under section 61.

4.  If within the specified period no objection is received by the street authority, or if all objections have been withdrawn, that authority may make the designation.

5.  If within that period an objection is received by the street authority from any person to whom a copy of the notice is required to be given under paragraph 3 or from any other person appearing to the street authority to be affected by the proposed designation and the objection is not withdrawn, the street authority must, before making the designation, cause a local inquiry to be held.

6.  Where a local inquiry has been held the street authority must consider the objections and the report of the person who held the inquiry and may make the designation with or without modifications, or may decide not to make it.

PART 2

Designation of streets as having special engineering difficulties or as being traffic-sensitive

7.  Before designating a street as having special engineering difficulties under section 63 or as being traffic-sensitive in accordance with regulation 16(1), the street authority must give notice of their intention to make the designation to —

(a)every undertaker whom the authority know to be working in their area, or who has given notice under section 54 or section 55 of its intention to execute street works in their area;

(b)every local authority (other than the street authority) in whose area any street to which the proposed designation relates is situated;

(c)any local transport authority or local transport authority group in whose area the street is located

(d)the Chief Officer of Police, the Chief Fire Officer and the Chief Executive of the Welsh Ambulance Services Trust in whose respective areas the street is located; and

(e)any person who has made a written request to the street authority asking to be given notice of any such proposed designation.

8.  The notice must specify —

(a)a period, being not less than one month from the date on which the notice is given, within which objections can be made; and

(b)in the case of a notice given for the purposes of regulation 16(1), which of the criteria set out in regulation 16(2) are met in relation to the street.

9.  If within the specified period no objection is received by the street authority, or if all objections have been withdrawn, that authority may make the designation.

10.  If within that period an objection is received by the street authority from any person to whom notice is required to be given under paragraph 7 or from any other person appearing to the street authority to be affected by the proposed designation and the objection is not withdrawn, the street authority must before making the designation consider the objection and may make the designation with or without modifications or may decide not to make it.

PART 3

Notice of designation

11.  A street authority must give written notice of their decision to designate a street as protected, as having special engineering difficulties or as traffic-sensitive to any undertaker to whom they gave a copy of a notice under paragraph 3(a), or, as the case may be, a notice under paragraph 7(a).

PART 4

Withdrawal of designation and recording of decisions

12.  After consultation with every person entitled to notice or a copy of a notice under the relevant designation procedure, a street authority may at any time withdraw the designation of a street as protected, as traffic-sensitive or, subject to section 63(4), as having special engineering difficulties.

13.  Any person entitled to notice or a copy of a notice under the relevant designation procedure or any other person whom the street authority consider to have sufficient interest may make representations to the street authority requesting the withdrawal of a designation. The authority must carefully consider any such representations before deciding whether or not to withdraw it.

14.  If a street authority withdraw a designation they must publish notice of the withdrawal on any website maintained by the authority for the purpose of providing information to the public.

15.  When a street manager makes or withdraws a designation he or she must notify the highway authority.

16.  When a highway authority make or withdraw a designation, or receive notification from a street manager in accordance with paragraph 15, the authority must —

(a)notify the concessionaire for the time being responsible for maintaining the National Street Gazetteer; and

(b)record such decisions on the street works register,

as soon as reasonably practicable and in any event within one month.

PART 5

Interpretation

17.  In this Schedule —

“local authority” (“awdurdod lleol”)has the meaning given by section 270(1) of the Local Government Act 1972(1);

“the National Street Gazetteer” (“y Rhestr Strydoedd Genedlaethol”) means the national computer database of streets which is maintained by the concessionaire for the time being appointed by the Local Government Information House Limited.

“local transport authority (“awdurdod trafnidiaeth lleol”) means a county council or a county borough council in Wales; and

“local transport authority group” (“grŵ p awdurdod trafnidiaeth lleol”) means any one of the four groups of local transport authorities described in the Schedule to the Regional Transport Planning (Wales) Order 2006(2).

(1)

1972 c. 70. Section 270(1) was amended by the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17. There are other amendments which are not relevant to these Regulations.

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