Statutory Instruments
2012 No. 2272
Highways, England
The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) (Amendment) Regulations 2012
Made
2nd September 2012
Laid before Parliament
6th September 2012
Coming into force
1st October 2012
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 74 and 104(1) of the New Roads and Street Works Act 1991( 1 ):
Citation and commencement
1. These Regulations may be cited as the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) (Amendment) Regulations 2012 and come into force on 1st October 2012.
Amendment of Regulations
2. The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009( 2 ) are amended as follows.
Interpretation
3. In regulation 3—
(a) in the definition of “bridleway” etc , insert ““carriageway”,” before ““footpath””; and
(b) in each of the definitions of “minor works” and “standard works”, omit “, save as provided in regulation 9(8),”.
Prescribed charges
4. For regulation 9 substitute—
“ Prescribed charges
9. —(1) Subject to paragraphs (2), (10) and (11), an undertaker executing street works in a highway to which these Regulations apply shall pay the highway authority a charge to be determined in accordance with paragraphs (3) to (9).
(2) Paragraph (1) shall not apply to—
(a) works which do not involve breaking up the street or tunnelling or boring under it, and which take place—
(i) in a street which is neither a traffic-sensitive street nor a protected street;
(ii) in the footway of a traffic-sensitive street at a traffic-sensitive time;
(iii) in the footway of a protected street ( 3 ) at any time; or
(iv) in a traffic-sensitive street, other than at a traffic-sensitive time;
(b) works consisting only of the creation of holes of less than 3 centimetres in diameter, for investigatory purposes;
(c) replacing poles, lamp columns or signs in the same location; or
(d) pole testing.
(3) Subject to paragraph (7), the charge shall be of an amount calculated in accordance with paragraph (4) or, as the case may be, paragraph (5) and shall be payable for each day, or part of a day, by which the duration of the works exceeds the longer of—
(a) the prescribed period, or
(b) a reasonable period ( 4 ) .
(4) If, during a period of overrun, the works take place in any part of the carriageway, the amount of the charge, in relation to the description of street in column 2 of an item in column 1 of Table 1, is—
(a) the amount specified in column 3 of that item for each of the first three days; and
(b) such further amount as is specified in column 4 of that item for each day after that.
Table 1
Charges in relation to works occupying the carriageway during period of overrun.
| (1) Item | (2) Description of street | (3) Amount (£)(each of first three days) | (4) Amount (£) (each subsequent day) |
|---|---|---|---|
| 1. | Traffic-sensitive street or protected street not in road category 2, 3 or 4. | 5000 | 10000 |
| 2. | Other street not in road category 2, 3 or 4. | 2500 | 2500 |
| 3. | Traffic-sensitive street or protected street in road category 2. | 3000 | 8000 |
| 4. | Other street in road category 2. | 2000 | 2000 |
| 5. | Traffic-sensitive street or protected street in road category 3 or 4. | 750 | 750 |
| 6. | Other street in road category 3 or 4. | 250 | 250 |
(5) If, during a period of overrun, the works do not at any time take place in any part of the carriageway, the amount of the charge, in relation to the description of street in column 2 of an item in column 1 of Table 2, is the amount specified in column 3 of that item.
Table 2
Charges in relation to works outside the carriageway during period of overrun.
| (1) Item | (2) Description of Street | (3) Amount (£) (each day) | |
|---|---|---|---|
| 1. | Street not in road category 2, 3 or 4. | 2500 | |
| 2. | Street in road category 2. | 2000 | |
| 3. | Street in road category 3 or 4. | 250 |
(6) In this regulation—
“description of street” means the description of the street on the date when—
the undertaker first gave notice under section 54(1), 55(1) or 57(2) of the New Roads and Street Works Act 1991, or notification under paragraph 2(1)(d) of Schedule 3A to that Act ( 5 ) , in respect of the works; or
the undertaker first applied for provisional advance authorisation or a permit in respect of the works;
“period of overrun” means the part of the duration of the works which exceeds the longer of the prescribed period or a reasonable period; and
“provisional advance authorisation” has the same meaning as in the Traffic Management Permit Scheme (England) Regulations 2007.
(7) The charge will consist of a single payment of £100 in the circumstances set out in paragraph (8) if the requirements of paragraph (9) are met.
(8) The circumstances referred to in paragraph (7) are that—
(a) subject to sub-paragraph (c), the undertaker has—
(i) completed interim reinstatement, or as the case may be permanent reinstatement, of the highway,
(ii) endeavoured to remove all signing, lighting and guarding, and
(iii) removed all remaining spoil, unused materials and other plant;
(b) but for paragraph (c), the duration of the works would not have exceeded the longer of the prescribed period or a reasonable period; and
(c) not more than five items of signing, lighting or guarding remain on the highway.
(9) The requirements referred to in paragraph (7) are that—
(a) the highway authority has—
(i) informed the undertaker of the identity and location of the items referred to in paragraph (8)(c); and
(ii) requested the undertaker to remove them; and
(b) the undertaker has complied with the request by the end of the next day following the date on which the request was received.
(10) A highway authority may reduce the amount, or waive payment, of a charge—
(a) in any particular case,
(b) in such classes of case as they may decide,
(c) in all cases,
(d) in all cases other than a particular case, or
(e) in all cases other than such class of case as they may decide.
(11) Charges are only payable in respect of street works where the highway authority has given the undertaker, not later than three months after receipt of a works clear notice or a works closed notice, an account in writing setting out the charges payable. ”
Transitional Provision
5. —(1)Regulation 9 of the Street Works (Charges for the Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009(“the 2009 Regulations”) shall continue to have effect in its original form for street works for which an undertaker, before 1st October 2012—
(a) first gave notice under section 54(1), 55(1) or 57(2) of the New Roads and Street Works Act 1991 or notification under paragraph 2(1)(d) of Schedule 3A to that Act; or
(b) first applied for provisional advance authorisation or a permit in respect of the works.
(2) In this regulation—
“permit” has the meaning given in the 2009 Regulations; and
“provisional advance authorisation” has the meaning given in the Traffic Management Permit Scheme (England) Regulations 2007.
Signed by authority of the Secretary of State
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
2nd September 2012
1991 c.22 . Section 74 was amended by the Transport Act 2000 (c.38) , sections 256 and 274, Schedule 31, Part V and by the Traffic Management Act 2004 (c.18) , sections 40(4) and 52. Sections 54, 55 and 57 were amended by the Traffic Management Act 2004, sections 40, 49, 51(1) and 52(2), Schedule 1. The functions of the Secretary of State under sections 74 and 104 are, so far as exercisable in relation to Wales, vested in the Welsh Ministers. Those functions were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ), article 2, Schedule 1. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32) , they were transferred to the Welsh Ministers.
S.I. 2009/303 . There is an amendment to these Regulations which is not relevant.
“Protected street” is to be construed in accordance with sections 61 and 62 of the New Roads and Street Works Act 1991 (“the 1991 Act”).
“A reasonable period” is to be construed in accordance with section 74(2) of the 1991 Act..
Schedule 3A was inserted by the Traffic Management Act 2004 (c.18) , section 52(2).