Works (Diversionary Works): A Code of Practice 1992. )Xnr&"4Vj\Ca`im) % The fourth edition of the code came into force on 1 October 2012, replacing the version published in August 2009. of the allowable costs of the diversionary works; (b)in other cases where payment is made in accordance with regulation 8(1), a sum equal to 82 per cent. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 11.1 Location of Works and Apparatus - Exchange of Information. Decisions taken today on new rail lines, power plants, or road upgrades, will affect lives and livelihoods for decades to come. endobj 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. Learn more Traffic Management Act 2004 (TMA) "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. To help us improve GOV.UK, wed like to know more about your visit today. Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Measures necessary where apparatus is affected by major works (diversionary works), How to reinstate a road after doing street works, Street works permit schemes: evaluation of effectiveness, The impact of street works lane rental charges, code of practice for the co-ordination of street works and works for road purposes and related matters, Higher charges for street works that overrun, Qualification requirements for people working on street works. A code of practice, 'Measures necessary where apparatus. (b)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. (2)This regulation is subject to regulation 6. Well send you a link to a feedback form. 0000002781 00000 n Date published: You can change your cookie settings at any time. The road works authority may arrange a joint inspection by agreement with the undertaker. E1lzb(Bn News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. where the major works are major transport works other than those which. For users who are not a Local Authority or Rail Authority, or who are not a Utility Company or an Independent Connection Provider (ICP) there is a fee of43.20 inclusive of VATfor each search. 0000066197 00000 n of the allowable costs of the diversionary works; in all other cases, the allowable costs of the diversionary works. The HAUC(UK) APP: the latest safety information in your pocket. 0000066669 00000 n (2)After the diversionary works have been completed, the person to whom any sum by way of allowable costs is due (the creditor) shall issue to the person from whom the sum is due (the debtor) an account of the sum owing and within 35 days of that account having been issued. The road works authority will then confirm whether a notice will be made. It must be signed and guarded appropriately. You have accepted additional cookies. Gvlf*w?4+=du\`U+Xmcctc}#-xjo%__*6EZrrWiv/q^4uGioZlo epwZB`qP$?-gpdnwtfDZgRNtYa76a#G4bH7.8-BqlG^3v |,#$P/$y Kx "-DL02IXFlFeHh;&#g1 of the estimate of 82 per cent. xref If you submit a search and receive a request for payment there is no obligation to pay for it, however until the payment for the enquiry has been made you will not receive the requested asset information (plans). and diversionary works are executed by an authority or the undertaker. Updated to feature 4th edition of code of practice. This Code of Practice is intended to help road works authorities carry out their duty to co-ordinate works in the road under section 118 of NRSWA, and undertakers to fulfil their duty to co-operate in this process under section 119 of NRSWA. 11.5.2 Once a roads authority has placed a notice on the SRWR of its intention to carry out major works, this means that when calculating an undertaker's allowable costs there shall be disallowed costs for diversionary works incurred in respect of apparatus placed in the road after the date of the notice. 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. 11.7.2 In relation to works near rail tracks, please see Appendix C. The Code of Practice on Safety at Street Works and Road Works should always be consulted for advice on safety issues. 2 0 obj Decisions taken today on new rail lines, power plants, or road upgrades, will affect lives and livelihoods for decades to come. stream 1 0 obj 3 0 obj An Act to make provision as regards roads in Scotland, An Act of the Scottish Parliament to provide for the setting up and functions of new transport bodies and to enable the Scottish Ministers to discharge certain transport functions and to provide further for the control and co-ordination of road works, The Act helps make Scotlands transport network cleaner, smarter and more accessible than ever before. (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. in a single lump sum before the diversionary works begin; or. Completed in April 2021. (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). (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. Adding additional buffers will increase the likelihood of an affected search being returned. If you are planning your own engineering works in the highway and would like to check what plant we have in your work area, you will be required to request a formal plant enquiry known as a C2 Initial Enquiry, the following information will guide you through this process. 0000065895 00000 n a direction to remove or change the position of apparatus, pursuant to section 62 of the Act. You can change your cookie settings at any time. This file may not be suitable for users of assistive technology. oJ8w!h4a^L4.u;OOn._% a0-7Ka,O@~X %g (;#}3V%k{is&@gH;8W4;(vr#`e. There is no application fee but costs of diversions will be calculated in accordance with this Code. All 'C' numbered references in the text of this note refer to . New Road and Street Works Act 1991 (NRSWA) An Act to amend the law relating to roads so as to enable new roads to be provided by new means; to make new provision with respect to street works and, in Scotland, road works; and for connected purposes. of the allowable costs of the diversionary works; in other cases where payment is made in accordance with regulation 8(1), a sum equal to 82 per cent. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. 11.4.7 Where the road works authority has opened the road or exposed an undertaker's apparatus in an emergency or in the circumstances described in paragraph 11.4.6, the undertaker will assist the road works authority by either jointly inspecting the problem to determine necessary remedial works or confirming approval for the road works authority to proceed. 11.5.3 Roads that have been subject to such a notice will be recorded in the SRWR. For these objectives to be achieved, there must be close co-operation and co-ordination between the promoting authority and undertaker and the need for this underpins all of the provisions of the Code. There are also some minor and drafting changes. Unpaid invoices will not accrue. It will take only 2 minutes to fill in. <>>> 0000002455 00000 n 11.3.9 When a notice or order has been made, the works promoter will be responsible for complying with the relevant requirements of the traffic authority and police for the closure of the road. National Joint Utilities Group (NJUG) - trade association representing utilities companies and contractors on street work issues. by an authority on behalf of another person or by an authority other than in its capacity as such; or. (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. This is important in order to avoid damage to underground apparatus and to comply with current Health and Safety Executive requirements, in particular HSG47 Avoiding Danger from Underground Services. 'Future of lane rental schemes for roadworks' consultation outcome published. notice of their intention to execute the major works. 0000064725 00000 n Set up a review task group from within the industry to deliver a review of the COP. %%EOF 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). Secretary of State for Transport as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred by sections 35C(3) and (4), 46A(3) and (4) and 124(1) of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 1984(1) and by paragraphs 6(3) and 7(1) of Schedule 5 to the Local Government Act 1985(2) and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of the Road Traffic Regulation Act 1984, All content is protected by copyright and/or database rights, Website Design & Development by Burnthebook. 10.(1)Subject to paragraph (2) the Street Works (Sharing of Costs of Works) Regulations 1992(2) (the 1992 Regulations) are revoked so far as they extend to England. Provision is made requiring the undertaker to give credit for any gain received by him from betterment of his apparatus or deferment of the need to renew his apparatus resulting from protective measures: regulation 7. Developer Interface Teamour 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. Transport, digital, energy and utility networks are vital for jobs, businesses, and economic growth. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 10 0 R/Group<>/Tabs/S/StructParents 1>> If a vehicle is parked adjacent to the works, in a place which vehicles could not normally use, then it must be part of the works site. This code of practice is intended to help local authorities co-ordinate works in the highway under section 59 of the New Roads and Street Works Act (1991) (NRSWA). (as the case may be) of the allowable costs to the authority: regulation 4. 11.5.1 Regulations made under section 144(2) of NRSWA allow a roads authority to give notice to undertakers of major road, bridge or transport works where an undertaker's apparatus is affected by the works concerned. 0000065147 00000 n Added new statutory guidance on permit schemes. Noticing must reflect this. Fairer, Faster, Greener is the strapline and it sets out the Governments ambitions in driving investment and change within the UK. 5 0 obj Storage must be notified separately through the SRWR if it is not completely contained within the works site. 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. Road works authorities may carry out investigations or remedial works using appropriately trained and experienced persons in the case of an emergency, or where the undertaker is unable or unwilling to use its own operatives or such specialist contractor. 0000000016 00000 n and contractors under NRSWA when diversionary works may be required to apparatus owned by an Undertaker. 11.4.1 Undertakers are under an obligation under section 140 of NRSWA to maintain their apparatus in the road to the reasonable satisfaction of the road works authority, having regard to the safety and convenience of traffic and the structure of the road and the integrity of apparatus in it. It also helps undertakers fulfil their duty to co-operate in this process, under section 60 of NRSWA. How can i get involved with the Diversionary Works review? You have accepted additional cookies. (2)These Regulations apply where the formal notice of intention to proceed with major works pursuant to paragraph 5 of Appendix C to the Code is served on or after the date on which they come into force; and the 1992 Regulations shall continue to apply where such formal notice has been served before that date. endobj 11.5.2 Once a roads authority has placed a notice on the SRWR of its intention to carry out major works, this means that when calculating an undertaker's allowable costs there shall be disallowed costs for diversionary works incurred in respect of apparatus placed in the road after the date of the notice. 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. 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:-. , digital, energy and utility networks are vital for jobs, businesses, and economic growth in! This note refer to the COP review of the allowable costs of the diversionary works:. 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