The Street Works (Reinstatement) (Amendment) (England) Regulations 2002

Statutory Instruments

2002 No. 1487

HIGHWAYS, ENGLAND

The Street Works (Reinstatement) (Amendment) (England) Regulations 2002

Made

8th June 2002

Laid before Parliament

10th June 2002

Coming into force

1st July 2002

The Secretary of State for Transport in exercise of his powers under sections 71 and 104(3) of the New Roads and Street Works Act 1991(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations—

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Street Works (Reinstatement) (Amendment) (England) Regulations 2002 and shall come into force on 1st July 2002.

(2) These Regulations extend to England only.

Amendment of Regulations

2.—(1) The Street Works (Reinstatement) Regulations 1992(2) are amended as follows.

(2) For regulation 2(c), substitute—

“(c) “the Code” means the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated June 2002, and approved by the Secretary of State on 29th May 2002 as revised and reissued from time to time;”.

(3) For regulation 2(e), substitute—

“(e) “a road carrying more than 125 million standard axles” means a road so constructed as to be capable of carrying more than 125 million standard axles per annum.”.

(4) In regulation 3(3), for the words “30 million standard axles” substitute “125 million standard axles”.

(5) In the Table to regulation 4(2)—

(a) For the words in column 3 of item 2, substitute—

• “Paragraphs S2.6.3 & S2.6.4”; and

  (b)

  For the words in column 3 of item 10, substitute—

• “Paragraph S12.4”.

(6) In the Table to regulation 4(3), for the words in column 3 of item 2, substitute—

• “Paragraphs S2.2.1, S2.3.1, S2.4.1, S2.4.3, S2.6.2.”.

(7) In regulation 7, for the words “paragraphs 1.5, 1.6.1 and 1.6.2”, substitute “paragraphs S1.6 and S1.7”.

(8) In regulation 8, for the words “paragraphs 1.6.1 and 1.6.2”, substitute “paragraphs S1.7.1 and S1.7.2”.

Signed by authority of the Secretary of State for Transport

John Spellar

Minister of State

Department for Transport

8th June 2002

Explanatory Note

This note is not part of the Regulations)

These Regulations amend the Street Works (Reinstatement) Regulations 1992 (SI. 1992/1689) (the “1992 Regulations”) so far as they apply in England. The 1992 Regulations prescribed requirements for the specification of materials to be used and the standard of workmanship to be observed by undertakers in reinstating streets by reference to a Code of Practice issued in 1992. The Secretary of State has approved the issue of a new Code of Practice entitled “Specification for the Reinstatement of Openings in Highways” (ISBN No 0-11-552538-6) (the “new Code”) and these Regulations change those references in the 1992 Regulations to paragraphs which have been renumbered in the new Code. The Regulations also follow the new Code by providing that the Code applies to all roads carrying up to 125 million standard axles. Although, apart from this, these regulations only change paragraph numbers, the new Code introduces several new requirements, notably relating to the use of specific materials for reinstatement of the highway and introducing a new road category for very heavily trafficked roads.

The new Code is published by TSO (The Stationery Office) and may be obtained from their bookshops or by mail, fax, telephone or e-mail from TSO, PO Box 29, Norwich, NR3 1GN (Telephone: [phone]; Fax: [phone]; e-mail: [e-mail]).

(1)

1991 c. 22. The function of the Secretary of State under section 71 is transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2(a).

(2)

S.I. 1992/1689. Regulation 2 was amended by the Street Works (Reinstatement) (Amendment) Regulations 1992 (S.I. 1992/3110).