Section 56: Re-surfacing: regulations and guidance
157.Section 56 inserts sections 73D and 73E into NRSWA.
158.Section 73D provides for regulations supplementing sections 73A-73C. In particular, these may provide for the following:
information for resurfacing notices;
deciding which undertaker should be served with the notice;
notification of prescribed events by undertakers;
prescribe circumstances in which an undertaker is entitled to pay a sum to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the manner in which such sums are to be calculated;
rights of review or appeal against a notice or any requirement contained in it;
determination of disputes;
application of any other provisions in Part 3 of NRSWA or in the Highways Act 1980 to resurfacing works;
relieving other undertakers of some or all of their duties under section 70 of NRSWA with regard to reinstatement of the surface of the street.
159.Section 73D(4) enables offences to be created by regulations.
160.Section 73E provides for the Secretary of State to issue a code of practice giving practical guidance on the matters in sections 73A-73D and on regulations made under those sections.
