Dont worry we wont send you spam or share your email address with anyone. 5. 11.8.3 When assessing the impact of works, the parking of works vehicles must be taken into account. These Regulations replace and revoke (as respects England) the Street Works (Sharing of Costs of Works) Regulations 1992 (S.I. The road works authority is required to state in the notice: The road works authority is then required to inform the police, fire and ambulance service and any adjacent road works authority that may be affected. NRSWA: National Codes (Reinstatement Specification, Co-ordination, Inspections, Signing and Guarding and Diversionary Works). (iv) In cases where diversionary works are involved, all relevant authorities and undertakers must comply with the requirements of the Code of Practice for Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) and HAUC (UK) Advice Note No 2010/1 Diversionary Works. If you use assistive technology (such as a screen reader) and need a This Strategy sets out the governments plans to deliver on this ambition. 0000065302 00000 n if the authority and the undertaker so agree in the case of diversionary works of an estimated duration of more than three months, by instalments of such amounts, payable at such times during the execution of the diversionary works, as the authority and the undertaker agree. You have rejected additional cookies. Dave regularly engages with the DfT, devolved Governments, Network Rail, Highways England, statutory undertakers and local authorities to deliver continuous improvement to the community. 0000002781 00000 n Highway Drainage & Privately licenced apparatus under Section 50 of NRSWA = Dealt with by area Area Contact Details Contact Name Hampshire South Highways-transport.south@hants.gov . (4)In calculating the allowable costs for the purposes of regulations 3 and 4 as applied by this regulation there shall be taken into account in favour of the undertaker. 11.3.2 Where the road works authority is satisfied that there is a likelihood of danger to the public or serious damage to the road (e.g. They are works carried out to repair or improve the highway including footways, pavements and street lighting. No prior notice need be given but the undertaker must inform the road works authority as soon as practicable if a closure or restriction is considered necessary. (2)For the purposes of this regulation betterment shall be determined in accordance with Appendix F to the Code. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 'Future of lane rental schemes for roadworks' consultation outcome published. provided for by the 1992 Regulations. 6.2 Substantial Works for Road Purposes - Definition 6.3 Restriction Notices 6.4 Exemptions 6.5 Severable Works 6.6 Policy Guidance 6.7 Early Starts 6.8 Road Works Authority Consent to Works on Roads with Restrictions . 0000066622 00000 n The road works authority will then confirm whether a notice will be made. <<2C30B449E9FEAF42BCCB1C6E2BD3C35E>]>> 0000002455 00000 n Statutory guidance on street works inspections coring added to collection page. Works (Diversionary Works): A Code of Practice 1992. The Code of Practice entitled Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) (1992) (ISBN 0-11-551149-0) is published by The Stationery Office and may be obtained from their bookshops or by mail, fax or telephone from PO Box 29, Norwich NR3 1GN (Tel. It will take only 2 minutes to fill in. 11.8.1 A works vehicle may be parked in a works site provided that it is necessary for carrying out those works. But infrastructure investment also has an important short-term role to help support jobs and stimulate the economy. j)]Hy "Y50K>P"QRc%Z6(>7a=&]%|An| 2JY= gBIInNIU;}t. S}@\lx;=T([[V|)P?8>J&?g\I(^DZ ZK`~S2qjRK~rzjVh0~kw'>f^ XX\0cipX\ u'Yzp E&y=xE0\ 8U@i;l;M ^5avkUzSg.pb"]R2/v0S.7h[8pvJ|VnrS4}92ll3eA(Af1W?KXI 0000006458 00000 n Where diversionary works are executed by an authority because of that authoritys major works, the undertaker shall pay 18 per cent. (3)This regulation is subject to regulation 6. (3)If payments made by an authority under paragraph (1) exceed the relevant proportion of allowable costs specified in regulation 3(1)(a) or (b), the undertaker shall, within 35 days of the issue of the account referred to in paragraph (2), refund to the authority the amount of the excess. 0000065695 00000 n 11.1.2 Until there is the facility for all interested parties to exchange information electronically, existing arrangements should continue to ensure that information about apparatus is made available to works promoters. 0 LSBUD will automatically add a buffer around your search area based on the selected Enquiry Type, Work Category and Work Type. 11.2.1 Section 146 of NRSWA provides that where road works authorities are satisfied that a road in their area is likely to become a public road, they may make a declaration to that effect. It is our intention to conduct the review in a transparent and inclusive way, working with the devolved governments in delivering a framework for change balancing the needs of asset owners, authority project delivery and public purse burdens. 0000065147 00000 n Chapter 7 Directions 7.1 Directions under Section 115 of NRSWA The government wants to deliver an infrastructure revolution: a radical improvement in the quality of the UKs infrastructure to help level up the country, strengthen the Union, and put the UK on the path to net zero emissions by 2050. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. adequate space in the structure of the bridge; or. of the allowable costs of the diversionary works. New Road and Street Works Act (NRSWA) - provides a legal framework for street and highway works in the UK. They are sometimes necessary to accommodate highway improvement schemes. 1.1 Revision of the Diversionary Works Code of Practice, 'Measures necessary where Apparatus is affected by Major Works (Diversionary Works)', published in 1992, has been "on hold" for some time awaiting a decision by the Department for Transport on whether the current legal ruling on the issue of charging for estimates reflects the 11.3.1 Sections 14 - 16 of the Road Traffic Regulation Act 1984 as amended by the Road Traffic (Temporary Restrictions) Act 1991 and Regulations which have been made under that Act prescribe the procedures governing temporary road closures and traffic restrictions for the execution of works. 10 0 obj When you submit your search, if the response is affected, indicating we have assets in your search area, you will be sent an email with a PayPal online payment link. But they also have a profound impact on peoples daily lives. Should you require a cost estimate to move our telecoms plant and equipment to accommodate your works, please contact us at: We will require the following information in order to progress your query as quickly and as efficiently as possible:-. Where the undertaker requests the authority to move his apparatus solely because of a change in the type of highway construction, he is normally required to pay the whole of the allowable costs: regulation 4(2). oJ8w!h4a^L4.u;OOn._% a0-7Ka,O@~X %g (;#}3V%k{is&@gH;8W4;(vr#`e. To help us improve GOV.UK, wed like to know more about your visit today. The National Infrastructure Strategy was delivered in an HM Treasury Report in November 2020 and it sets out the governments intentions for the UK. If they take longer than this, the highway authority may impose an overrun charge, so utilities are incentivised to complete their works on time. should contact . National Joint Utilities Group (NJUG) - trade association representing utilities companies and contractors on street work issues. <> 11.3.3 The works promoter must give a notice in advance as required by road works authorities to make a "notice" for works that may not last longer than 5 working days. endstream If you have any queries please email streetworks.queries@dft.gsi.gov.uk. The works are then not wholly confined to the footway but encroach on to the carriageway. 1991 c. 22. (2)Paragraph (1) does not apply to the costs of. However, should emergency works be required, then (without impeding any immediate emergency action which the circumstances may require) the matter will be resolved in accordance with the Disputes and Arbitration Code of Practice. Diversionary works are works to reroute utility services. 2010/1 (Advice Note No 2010 01). E1lzb(Bn 0000001276 00000 n 11.4.4 Although NRSWA gives road works authorities certain powers to inspect and carry out emergency works, neither roads authorities or undertakers expect the need to arise. Details of the procedure can be found in the Code of Practice: Measures Necessary Where Apparatus is Affected by Major Works (Diversionary Works) and HAUC(UK) Advice Note No 2010/1 Diversionary Works. This is a particular problem for works which, but for the presence of a works vehicle, would take place entirely within the footway. HVrH}+Q2B][qbID$o{f$TJ#M>}{l=nVWus@@w-o Q[ pmy/!W.']*QZ{n{-v. 11.6.1 There are other publications which provide useful advice regarding the management of works in roads and which should also be taken into consideration when planning, co-ordinating and executing works. The Street Works (Northern Ireland) Order 1995 (the Order) as amended by The Street Works (Amendment) (Northern Ireland) Order 2007 forms the legislative framework within which DfI Roadscarries out these duties. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. 0000002892 00000 n The Code therefore aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. an agreement to house apparatus in a bridge structure; or. 1Works promoters are strongly advised to liaise with the road works authority's arboriculture consultants and other environmental officials when drawing up proposals. 0000065099 00000 n That does not mean we are not going to do anything in the meantime as we are acutely aware of the need to ensure the infrastructure plans are not held back whilst a review takes place, that would make no sense. 0870 6005522/fax 0870 6005533) or by e-mail from book.orders@theso.co.uk. The fourth edition of the code came into force on 1 October 2012, replacing the version published in August 2009. 0000064507 00000 n 11.5 Major Works for Road Purposes - Sharing of Costs. (3)Where the undertaker executes the diversionary works, the authority shall pay to the undertaker the sum which it would have had to pay under regulation 3 if the major works had been initiated by the authority. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (a)if those measures result in a betterment of the undertakers apparatus, a sum equal to the benefit which the undertaker gains as a result of the betterment, calculated in accordance with Appendix F to the Code; (b)if those measures result in a postponement of the need to renew the undertakers apparatus, a sum determined in accordance with Appendix E to the Code. (2)These Regulations extend to England only. 0000003890 00000 n 0000000016 00000 n Currently there are 6 Codes all related to the 1995 Order. Statutory undertakers include: Street works are necessary to provide and maintain utility and transport services, but can be disruptive to road users. 0000066531 00000 n It contains a Code of Practice for Diversionary Works. 0000065895 00000 n This Strategy sets out the governments plans to deliver on this ambition. rather than the 18 per cent. 6 0 obj 11.2.4 Private roads and prospective public roads are to be identified in the Associated Street Data sets of the SRWR. There is no application fee but costs of diversions will be calculated in accordance with this Code. Where the major works are major transport works (other than works which are major bridge works or certain major highway works), the authority pays 92.5 per cent. Diversionary Works Code of Practice - New Roads & Street Works Act 1991).. At the C2 stage "the highway authority would seek from all undertakers, details of . Unpaid invoices will not accrue. We also use cookies set by other sites to help us deliver content from their services. Road works are different from street works. Where possible, the placing and recording of underground apparatus should be in accordance with the RAUC(S) Advice Note 12. Sites with alternate one-way vehicular flows are referred to as shuttle working. Well send you a link to a feedback form. 0000066047 00000 n The Secretary of State for the Environment, Transport and the Regions, in exercise of his powers under section 85 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: 1.(1)These Regulations may be cited as the Street Works (Sharing of Costs of Works) (England) Regulations 2000 and shall come into force on 15th January 2001. It is the first of its kind: rooted in the expert advice of the highly respected National Infrastructure Commission (NIC) and responding to its ground-breaking 2018 assessment of the countrys infrastructure needs. 4 0 obj The charges should be imposed as set out in chapter 10 of the code of practice for the co-ordination of street works and works for road purposes and related matters. <>>> The Secretary of State makes these Regulations in exercise of the powers conferred by sections 58(1), 74, 97 and 104(1) and (3) of, and paragraph 2(2) of Schedule 3A to, the New Roads and Street Works Act 1991(1) and section 37(1), (6) to (8), (11) and (13) of the Traffic Management Act 2004(2). 8.(1)For the purposes of regulation 3(1)(a) and (b) (including those provisions as applied by regulation 5) the authority may pay to the undertaker a sum equal to 75 per cent. These include but are not limited to: 11.6.2 All of these documents together with all current legislation, Codes of Practice, RAUC(S) Advice Notes, HAUC(UK) Advices Notes applicable in Scotland and Commissioner Advice Papers are available on the Commissioner's website at www.roadworksscotland.gov.uk. Alison is Streetworks Policy and Compliance Manager for Openreach, with 25 years of experience in the telecoms industry and 15 years specialising in street works. Even within diversionary works subject to NRSWA, it is not the case that cost sharing applies in all situations. New Roads and Street Works Act 1991 is up to date with all changes known to be in force on or before 28 August 2022. 0000033024 00000 n (as appropriate) of the allowable costs, (a)in a single lump sum before the diversionary works begin; or. xVj@}7 You do not need to have a PayPal account as payments can be made using a credit or debit card through the PayPal website. 11.4.6 It is important that only the responsible undertaker, or a specialist contractor working on their behalf, investigates suspected damaged or defective Undertaker's apparatus. National Code of Practice providing local highway authorities with guidance and recommendations on good practice. Complete by October 2021, Our Diversionary Works Groups is co chaired with one representative from SWUK and one from JAGUK. if those measures result in a betterment of the undertakers apparatus, a sum equal to the benefit which the undertaker gains as a result of the betterment, calculated in accordance with Appendix F to the Code; if those measures result in a postponement of the need to renew the undertakers apparatus, a sum determined in accordance with Appendix E to the Code. If you have any further queries, please send your enquiry to: We will require the following information in order to progress your query as quickly and as efficiently as possible: Budget estimates (C3s), for works that we may need to undertake to alter our existing plant and equipment are FREE for NRSWA highway authority funded schemes. There are three separate procedures: (ii) temporary short duration notice; and. Road works authorities are, for their part, under a statutory obligation to maintain a public right of passage and they also are expected to carry out their works with due despatch. startxref Dont worry we wont send you spam or share your email address with anyone. aSJBPTLsJyDQPRS]WSa Ln_DeJmd Ne=b|ds./^W\'vr6]`n%/[&maT-cUu^)/VY M l&J6jt&im:vs6 1kZMnT9?piBT[5[vy}uv ^Ov'$-bYP6c a'E5vKwws1a >KMd7Z\`,a!e,seC(AYQUg^Ot!^vfPm5N2,\Pk8WV])]_ZIR(\]0fz(mFKy]V#.]w] 5\vY/xg]Vng[ 0000003501 00000 n Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. 0000003738 00000 n Different options to open legislation in order to view more content on screen at once. This Code of Practice provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertaker apparatus, The code of Practice for Co-ordination 5th Edition, together with HAUC (England) Operational Guidance for Permit Schemes appended, is released. Updated to feature 4th edition of code of practice. 7.(1)In a case where, under these Regulations, an undertaker is liable to make a payment to an authority or an authority is liable to make a payment to an undertaker in relation to diversionary works there shall be taken into account in favour of the authority. 8 0 obj This Strategy brings together the governments long-term goals with the short-term imperative to rebuild the economy following the COVID-19 pandemic.The Diversionary Works COP was first issued in June 1992 and has remain untouched since that date save for an industry advice note in 2010.Underpinning everything is the notion that diversion only takes place when operational and technical constraints demand it. Set up a review task group from within the industry to deliver a review of the COP. endobj An Act to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for regulating the carrying out of works and other activities in the street; to amend Part 3 of the New Roads and Street Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to make new provision in relation to the civil enforcement of traffic contraventions; to amend section 55 of the Road Traffic Regulation Act 1984; and for connected purposes. For works over 18 months, the advertising and publication must be done at least 21 days in advance of the start date and the aforementioned parties must be consulted along with the Scottish Government. Diversionary works include the removal, alteration and protection of . We also use cookies set by other sites to help us deliver content from their services. This Code is approved by the Department to give practical advice where an undertakers apparatus in a street is or may be affected by major road works, bridge works or transport works. 0000066150 00000 n (iv) on a road adjacent to the temporary site of road, building or engineering works used for the movement of vehicles, materials, plant or equipment within the site of the works (for example where the signals control access and egress to the works). 0000003815 00000 n 0000064961 00000 n (2)Where an undertakers apparatus is moved by the authority at the request of the undertaker and solely because of a change in the type of highway construction, not involving an alteration in the depth of cover to a depth of less or greater than the acceptable depth referred to in Appendix B to the Code, the undertaker shall pay to the authority the allowable costs incurred by the authority in moving the apparatus. The government wants to deliver an infrastructure revolution: a radical improvement in the quality of the UKs infrastructure to help level up the country, strengthen the Union, and put the UK on the path to net zero emissions by 2050. In any sizeable diversionary works project, incorrectly applying NRSWA cost sharing could unnecessarily cost the statutory undertaker significant sums of money. costs incurred in preparing the initial set of plans and estimates in relation to those diversionary works (but not in preparing any further plans and estimates which the authority may require); where the major works are major transport works (other than major bridge works or section 86(3) (a) to (g) works) and payment is made in accordance with regulation 8(1), a sum equal to 92.5 per cent. Safety at Street Works and Road Works - A Code of Practice, Code of Practice for the Co-ordination of Works in Roads, Specification for the Reinstatement of Openings in Roads, Measures Necessary where Apparatus is affected by Major Works - June 1992, Office of the Scottish Road Works Commissioner. The Street Works Codes of Practice detail the workings of the legislation. 378 49 He has made a significant contribution to the finalisation of government sponsored Codes of Practice, regulations and impact assessments. stream Copyright 2018 | Office of the Scottish Road Works Commissioner | All Rights Reserved. iem[W-LbtObzx1v\h(A\H .xvY3a@;}"Oe|h."+z*6=@9Bm9H? 11.3.12 General Direction 53 of the Traffic Signs Regulations and General Directions 2002 states that portable light signals may be placed for the control of vehicular traffic only if permission is given in writing by the roads authority, or orally in an urgent situation if followed by written confirmation. Unless you specifically require a larger buffer, there is no need to add buffers around your work area. the Act means the New Roads and Street Works Act 1991; authority means a highway, bridge or transport authority; the Code means the Code of Practice entitled Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) dated June 1992, and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time; diversionary works means measures needing to be taken in relation to an undertakers apparatus in a street in consequence of major works or in order to facilitate their execution; major works means major highway works, major bridge works or major transport works; section 86(3) (a) to (g) works means major transport works which are or would, if executed by a highway authority, be major highway works described in any of paragraphs (a) to (g) of section 86(3) of the Act. The Code of Practice sets out (in Appendix E) the methodology that should be applied to calculate that benefit in order to offset it against the costs of diversionary works. Bridge, sewer and transport authorities also have an interest so far as any land, structure or apparatus of theirs is concerned. It includes a revised chapter 10 on section 74 overrun charges. The Diversionary Works Code provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertakers' apparatus. The current Code also recommends model procedures for dealing with diversionary works from the early planning stages, right through to detailed planning and estimating, execution of works, and final settlement of bills.The code as it stands is a potential risk in terms of Government strategy on infrastructure, it is outdated, misused and often misquoted. 1 0 obj Road works authorities in responding to a plant enquiry regarding their apparatus must also include details of any apparatus they have granted a third party permission to install under Section 109 of NRSWA. The "Red Book" is the Code of Practice to help you to safely carry out signing, lighting and guarding of street works and road works on all highways and roads, except motorways and any dual carriageways with a speed limit of 50 mph or more. of those costs are paid by the authority as provided in regulation 8. a sum equal to 7.5 per cent. 11.3.5 When it becomes apparent that the advertised duration or extent of works will need to be extended, the works promoter must immediately inform the road works authority that an extension is required. Although the primary legislation and the subsequent regulations set out the general framework for the use of FPNs, it is the Code of Practice which sets in place the practical details which will allow the process to work. Transport, digital, energy and utility networks are vital for jobs, businesses, and economic growth. 11.12.2 The Code of Practice for Penalties sets out the procedures to be used when road works authorities issue FPNs under NRSWA. (as the case may be) of the allowable costs to the authority: regulation 4. The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. The procedure to be used by undertakers when applying to use portable light signals is detailed in RAUC(S) Advice Note 8 - Portable Light Signals. Ensuring the Code provides clarity, fairness and consistency for all parties involved in works. of the costs: regulation 3. 0000002634 00000 n 11.1 Location of Works and Apparatus - Exchange of Information. 11.7 Working near Rail Tracks and Tramways. To help us improve GOV.UK, wed like to know more about your visit today. endobj Collapse. Codes of Practice 01 June 1992 Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) Download document (s) Diversionary Works Advice Note 2010 679.97 KB Measures Necessary where Apparatus is affected by Major Works - June 1992 1.52 MB The functions of the Secretary of State under sections 85 and 104 are 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. This file may not be suitable for users of assistive technology. Having provided such information, the Code then gives guidance on the planning of works to ensure that an optimum engineering solution is reached in which the total costs are minimised regardless of who pays.

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