Explanatory Note
(This note is not part of the Order)
These Regulations make provision with respect to the content, preparation, submission, approval, operation, variation and revocation of permit schemes, being schemes designed to control the carrying out of certain street works and works for road purposes in certain streets within a certain area.
Regulation 3 requires consultation prior to the submission by one or more local highway authorities (the permit authority) of a permit scheme for approval by the Welsh Ministers. Regulation 4 requires that any such submission must be accompanied by specified information.
Regulation 5 requires any request for variation or revocation of such a scheme to be the subject of the same prior consultation as referred to in Regulation 3.
Regulations 6 to 8 require schemes to specify the works that are to be subject to control, the area within which such control is to be exercised and the streets where that control is to be exercised. Regulation 8 further provides that, with possible exceptions, such streets must be maintainable highways.
Regulation 9 provides that a permit scheme must make provision for permits to be obtained from the permit authority before works are carried out but must also specify those persons and/or circumstances in which such a permit is not required. Copies of permit applications must be provided on request to relevant authorities comprising bridge, sewer, street and transport authorities as well as persons with apparatus in the street.
Regulation 10 states that a permit scheme must include provision to allow the Permit Authority to attach conditions to permits and specifies what types of conditions may be attached. The scheme must allow revocation of a permit where a condition attached to that permit is broken. Regulation 11 provides that schemes may include provision requiring a provisional advance authorisation to be obtained as part of the permit application process. Copies of such applications must be provided on request to relevant authorities comprising bridge, sewer, street and transport authorities as well as persons with apparatus in the street. Such an authorisation provides an indication of likely future approval of the related permit application. Regulation 12 deals with permit reference numbers. Regulation 13 provides that schemes may also specify the conditions that will apply in respect of works that, by virtue of exceptions in the scheme, do not need a permit before they are commenced — or include provision enabling the Permit Authority to specify such conditions.
Regulation 14 specifies matters to which the Permit Authority must have regard when considering an application for a permit or a provisional advance authorisation for works, where such an application is received during a period when the carrying out of street works is restricted by the street authority, by reason of the earlier undertaking of substantial road works in the street which is the subject of the application.
Regulation 15 requires that schemes must allow for the variation or revocation of permits and permit conditions. The information required on application for any such variation or revocation and the time within which it must be considered must be set out. The permit authority’s policy in respect of reviewing, varying or revoking permits and permit conditions must be included in the scheme.
Regulation 16 requires time limits for responding to applications for permits, provisional advance authorisations, permit variations and variations to permit conditions to be set out in the scheme. Failure on the part of the permit authority to respond to any application in accordance with these time limits will result in that application being deemed to have been granted.
Regulation 17 requires that interested parties should be notified at least 4 weeks before a scheme takes effect as well as before it is varied or revoked.
Regulation 18 enables the permit authority to take reasonable steps to address cases where works are undertaken without a required permit or in breach of a permit condition. Regulations 19 and 20 provide that such cases will also constitute summary offences attracting a fine not exceeding level 5 on the standard scale (£5,000) where works are undertaken without a required permit or not exceeding level 4 (£2,500) where works are undertaken in breach of a permit condition. Regulations 21 to 28 provide for a fixed penalty notice scheme as a possible alternative to criminal liability.
Regulation 29 deals with prescribed costs. Regulations 30 to 32 deal with fees and discounts in relation to permits. Highway authorities are exempt from permit scheme fees. Fees will not be charged for a deemed issue or variation, or variation not sought by the permit holder. Schemes must set out the range of fees payable and the applicable criteria when different fees are payable in respect of different works. Maximum fees are specified. In cases where applications are the subject of a programme designed to produce the least impact for users of the street in terms of timing or extent a discount of 30% is required for all of the applications.
Regulation 33 requires a register of permits to be created and maintained within which certain information must be included. Regulation 34 provides that the permit authority must afford public access to the register save for information that is certified to be restricted, when access to that information is limited.
Regulations 35 to 38 provide that certain provisions of the New Roads and Street Works Act 1991 and the Street Works (Registers, Notices, Directions and Designations) (Wales) (No.2) Regulations 2008 may, by the order giving effect to a permit scheme made under section 34 of the Traffic Management Act 2004, be applied, disapplied or modified in their application to works in streets which are the subject of a permit scheme.
Provision is made, by Regulation 39, enabling service of notices by electronic means and otherwise describing how service may be effected. Regulation 40 requires permit authorities to operate permit schemes without discrimination.
The form of a fixed penalty notice is prescribed in Schedule 1. The form of notice withdrawing a fixed penalty notice is prescribed in Schedule 2.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Legislation, Briefing and Policy Delivery Unit, Transport, Planning and Administration Division, Transport Wales, Welsh Assembly Government, Crown Offices, Cathays Park, Cardiff, CF10 3NQ. A copy is annexed to the Explanatory Memorandum which is available alongside this instrument on the Welsh Assembly Government website: