nrswa code of practice for diversionary works

Undertakers should check whether any further dispensation is required well before the works are due to start. But they also have a profound impact on peoples daily lives. 0870 6005522/fax 0870 6005533) or by e-mail from book.orders@theso.co.uk. 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 Street Works Codes of Practice detail the workings of the legislation. version of this document in a more accessible format, please email, Check benefits and financial support you can get, Find out about the Energy Bills Support Scheme, Code of practice for the co-ordination of street works and works for road purposes and related matters, The Street Works (Fixed Penalty) (England) Regulations 2007, How to reinstate a road after doing street works, Street works permit schemes: evaluation of effectiveness. 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. endobj Here we provide convenient links to the key relevant Legislation and Codes of Practice. 0000065255 00000 n The National Infrastructure Strategy was delivered in an HM Treasury Report in November 2020 and it sets out the governments intentions for the UK. or 7.5 per cent. of the allowable costs of the diversionary works; in all other cases, the allowable costs of the diversionary works. 2012 regulations outline that when utilities are planning works they must agree with the highway authority on how long it will reasonably take to complete them. 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:-. :ky`xN Db6ae?mz| fa$Xi5NHmlt5Va,lx^"IjY(}%ch}}^'fF|}^OZU?nUm@T`A2m@#\`,f$UuY2dj::cs_ hJ It is out of print and does not take cognisance of any new and emerging utilities and technologies. You have rejected additional cookies. 0000002455 00000 n All content is protected by copyright and/or database rights, Website Design & Development by Burnthebook, A former member of the Street Manager Governance Group, throughout its first year of operation, Member of the HAUC England Co-Ordination Working Group, responsible for drafting the HAUC England Co-Ordination COP, Currently representing the comms sector on the Scotland Policy Development Group, Co-Chair of the HAUC UK Diversionary Works Task Group. 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. 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. The fourth edition of the code came into force on 1 October 2012, replacing the version published in August 2009. You can change your cookie settings at any time. The transport authority's requirements can be incorporated into the works promoter's contract documents. Well send you a link to a feedback form. stream provided for by the 1992 Regulations. Currently there are 6 Codes all related to the 1995 Order. Unpaid invoices will not accrue. This is the original version (as it was originally made). Where possible, the placing and recording of underground apparatus should be in accordance with the RAUC(S) Advice Note 12. 5.(1)This regulation applies where major works are initiated, (a)by an authority on behalf of another person or by an authority other than in its capacity as such; or. But infrastructure investment also has an important short-term role to help support jobs and stimulate the economy. 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. The Street Works Inspector/ NRSWA Inspector will be carrying out systematic and ad hoc site inspections, investigations and surveys of street works, road works and highway licences in relation to the New Roads and Street Works Act (NRSWA) and all other associated regulations and codes of practice relevant to highways legislation. Deferment of the Time for Renewal HAUC Advice Note No 2008/01 supersedes Appendix E in so far as it introduces a revised rate of interest (3.5%) to be used in the calculation. This means if you make a subsequent search, you will not be charged for any previous unpaid searches if you choose to pay for the current search. Failure to do so is an offence. There are some circumstances where works might be required under NRSWA . 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. 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. No changes have been applied to the text. 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. endobj by an undertaker for the purposes of any such person. 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 (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. 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. National Code of Practice providing local highway authorities with guidance and recommendations on good practice. any ducts, pipe bays, hangers or other provision for housing or supporting the undertakers apparatus within the structure of the bridge; the provision of adequate space or adequate strength to accommodate apparatus installed in the bridge after the execution of such major works other than the installation, replacement or modification (not involving enlargement) of apparatus previously installed in the bridge before the execution of those works. 0000000016 00000 n All 'C' numbered references in the text of this note refer to . <> They are works carried out to repair or improve the highway including footways, pavements and street lighting. <<2C30B449E9FEAF42BCCB1C6E2BD3C35E>]>> This is a particular problem for works which, but for the presence of a works vehicle, would take place entirely within the footway. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 11.5.2 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. 1992/1690) (the 1992 Regulations), which make provision for the sharing of costs between the highway, bridge or transport authority (the authority) and the undertaker where the undertakers apparatus in a street is affected by major highway, bridge or transport works (major works) and measures (diversionary works) are required to protect that apparatus. 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. 6.(1)Subject to paragraph (2), where the major works consist of or include major bridge works, allowable costs shall be so calculated that the undertaker is not liable for costs in respect of the provision of, (a)adequate space in the structure of the bridge; or. An undertaker is not liable for allowable costs in relation to providing space in or strengthening of a bridge to accommodate his apparatus (regulation 6(1)) and cannot recover his costs where he has placed his apparatus in the street after the authority has given him statutory notice of its intention to carry out major works: regulation 6(3). 2. Collapse. This Code of Practice is issued by the Secretary of State for Transport and Welsh Ministers under section 65 of the New Roads and Street Works Act 1991 (NRSWA) and section 174 of the Highways Act 1980, by Scottish Ministers under section 124 of the NRSWA, and by the Department for Regional Development (Northern Ireland) under article 25 of the To help us improve GOV.UK, wed like to know more about your visit today. For more information see the EUR-Lex public statement on re-use. Where diversionary works are executed by an authority because of that authoritys major works, the undertaker shall pay 18 per cent. 11.12.1 A Fixed Penalty Notice (FPN) offers the opportunity of discharging any liability to conviction for certain offences under NRSWA by payment of a fixed penalty charge. Fairer, Faster, Greener is the strapline and it sets out the Governments ambitions in driving investment and change within the UK. C1, C2, etc. 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[ There is therefore a presumption that closures or prohibitions will remain in force only for as long as necessary for the purposes for which they are imposed. They are sometimes necessary to accommodate highway improvement schemes. There are also some minor and drafting changes. It includes a revised chapter 10 on section 74 overrun charges. 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). "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. 2010/1 (Advice Note No 2010 01). 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. Completed in April 2021. of the allowable costs (as defined in regulation 2(2)) of those diversionary works, provided that 75 per cent. 11.4.5 Where surface apparatus is found to be defective or the cause of significant surface irregularity, or where an unexplained subsidence or other disturbance of the road surface occurs, the procedures described in the Code of Practice for Inspections should be followed. The works are then not wholly confined to the footway but encroach on to the carriageway. 0000064872 00000 n Different options to open legislation in order to view more content on screen at once. 1Works promoters are strongly advised to liaise with the road works authority's arboriculture consultants and other environmental officials when drawing up proposals. Ensuring the Code provides clarity, fairness and consistency for all parties involved in works. Added new statutory guidance on permit schemes. %PDF-1.6 % 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. "Safety at Street Works and Road Works, A Code of Practice" also states that the roads authority must be notified about the use of portable light signals. 0000002781 00000 n 0000003501 00000 n 11.2.3 In the case of private roads, notices should be served on the road manager in the form of letters or emails as well as being entered in the SRWR if the road exists in the gazetteer. 0000065099 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. Provides clarity, fairness and consistency for all parties involved in works of... Cookie settings at any time short-term role to help support jobs and stimulate the economy works promoter 's contract.... Are works carried out to repair or improve the highway including footways, and! At once the workings of the diversionary works ; in all other,! 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