Street Works (Registers, Notices, Directions and Designations) Regulations 1992
| Jurisdiction | UK Non-devolved |
1992 No. 2985
HIGHWAYS, ENGLAND AND WALES
The Street Works (Registers, Notices, Directions and Designations) Regulations 1992
Made 30th November 1992
Laid before Parliament 30th November 1992
The Secretary of State for Transport and the Secretary of State for Wales in exercise of their powers under sections 48(2), 49(5), 53(1), (2), (3) and (6), 54(1), (2), (3) and (4), 55(1), (2), (3) and (7), 56(2), 57(2) and (3), 58(1), (2) and (5), 62(1), 63(2), 64(1) and (2), and 97 and 104(1) of the New Roads and Street Works Act 19911and of all other enabling powers, hereby make the following regulations:—
Citation and commencement
1.—(1) These Regulations may be cited as the Street Works (Registers, Notices, Directions and Designations) Regulations 1992.
(2) Regulations 11, 12 and 13 of these Regulations and Schedule 1 thereto shall come into force on 1st December 1992 and all the other regulations and Schedule 2 shall come into force on 1st January 1993.
(3) Regulation 2 shall come into force for the purposes of regulations 11, 12, 13 and Schedule 1 on 1st December 1992 and for all other purposes on 1st January 1993.
Interpretation
2. In these Regulations:—
a reference to a section is a reference to the appropriate section in the Act, a reference to a regulation is a reference to the appropriate regulation in these Regulations, a reference to a paragraph is a reference to the appropriate paragraph in the regulation in which the reference appears and a reference to a Schedule is a reference to one of the Schedules to these Regulations;
“the Act” means the New Roads and Street Works Act 1991;
“day” means a working day;
“major projects” means projects which have been identified specifically in the annual operating programme of the undertaker or highway authority, or which, though not specifically identified in such programme, would normally be planned at least six months in advance of works commencing;
“minor works” means works (not being emergency works or urgent works) whether in the footway, verge or carriageway, which are of a planned duration of not more than 3 days, do not form part of a rolling programme and do not involve at any one time more than 30 metres of works or leave less than 3 metres width of carriageway available for traffic or less than 2.5 metres width of carriageway where the traffic is expected to consist only of motor cars and light locomotives within the meaning of section 185(1) of the Road Traffic Act 19882;
“month” means a calendar month;
“person responsible for securing registration” means, in relation to any information, the person responsible for conveying such information to the street authority for registration in the street works register;
“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works;
“standard works” means all works which are not emergency works, urgent works or minor works;
“the street works register” means a register required to be kept by virtue of section 53;
“traffic-sensitive street” means a street designated by a street authority as traffic- sensitive pursuant to section 64 and in a case where a limited designation is made pursuant to section 64(3) any reference to works in a traffic-sensitive street shall be construed as a reference to works to be executed at the times and dates specified in such a designation;
“urgent works” means street works (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required)—
to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker,
to avoid substantial loss to the undertaker in relation to an existing service, or
to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period,
and includes works which cannot reasonably be severed from such works.
Street works registers
3.—(1) Registers may be kept in any form and shall be so indexed as to enable the information referred to in paragraphs (2) and (3) relating to a particular street to be traced.
(2) The information with respect to street works to be shown on the register and, in each case, the person responsible for securing its registration are specified in column (1) and (2) respectively of the table below.
TABLE
Information |
Person responsible for Information securing its registration |
(1) |
(2) |
1. Copies of all notices pursuant to sections 54, 55 and 57 served upon the highway authority relating to street works in any street which is a maintainable highway |
The highway authority |
2. Copies of all notices pursuant to sections 54, 55 and 57 served upon street managers relating to street works in any street which is not a maintainable highway |
The undertaker concerned |
3. Description and location of street works involving breaking up the street not requiring prior notice in any street in the local highway authority’s area |
The undertaker concerned |
4. Description and location of works for which plans and sections have been submitted under Schedule 4 to the Act |
The undertaker concerned |
5. Particulars of notices given by any relevant authority under Schedule 4 to the Act |
The relevant authority |
(3) The information with respect to other descriptions of works and other matters to be shown on the register and, in each case, the person responsible for securing its registration are specified in column 1 and 2 respectively of the table below.
TABLE
Information |
Person responsible for securing its registration |
(1) |
(2) |
1. Every street, for which the local highway authority are the street authority |
The local highway authority |
2. Every street, which is a prospectively maintainable highway |
The local highway authority |
3. Every street, of which the local highway authority are aware, which is a highway but for which they are not the street authority |
The local highway authority |
|
4. Every street, which is— (a) a protected street (b) a street with special engineering difficulties (c) a traffic sensitive street including details of any limited designation and including in each case, where appropriate, details of the parts of the street designated |
The street authority concerned |
5. Description and location of street authority works for road purposes |
The street authority concerned |
6. Copies of all notices published under section 58 of the Act and of consents under that section |
The street authority concerned |
7. Particulars of street works licences, including details of conditions, and of changes of ownership |
The street authority concerned |
8. Information under section 70(3) as to completion of reinstatements |
The undertaker concerned |
9. Particulars of apparatus notified to the street authority under section 80(2) |
The street authority concerned |
10. Every notice of works pursuant to section 85(2) |
The authority concerned |
11. The classification of the street as a type of road for the purposes of regulation 3 of the Street Works (Reinstatement) Regulations 19923 |
The street authority concerned |
(4) Information of the following types is restricted information for the purpose of section 53(3):
(a)
(a) information certified by or with the authorisation of the Secretary of State as being restricted information in the inerests of national security;
(b)
(b) information certified by, or with the authorisation of, an undertaker as being restricted information in accordance with the commercial interests of the undertaking.
Prescribed notice
4.—(1) Any notice for the purposes of sections 54, 55 and 57 shall be in the form, or to the like effect as the form, contained in Schedule 2 to these Regulations.
(2) Any such notice shall include such information as may be required to complete the parts of the form referred to in paragraph (1) which are indicated in that form as being relevant to the notice.
(3) Any notice required or authorised to be given for the purposes of any other provision of Part III of the Act shall be in writing, shall refer to the provision of the Act pursuant to which it is given and, subject to the foregoing, may be in any form.
Prescribed manner of service of notices
5.—(1) Where under the Act or these Regulations an undertaker is under an obligation to give notice within a specified period of works beginning, such notice, at the option of the person giving it, shall be given by delivering it to the person to whom it is addressed at his proper address, or by sending it to such address by telefacsimile or electronic means, or by any other means agreed between the person giving it and the person to whom it is to be sent. Provided that, for the purposes of this paragraph, where the person to whom notice has to be given does not have arrangements for receiving and responding to notices for any period between 4.30 pm and 8.00 am the following day, the undertaker shall have complied with his obligation if he serves a notice by 10.00 am on that day.
(2) In any other case under the Act, or these Regulations, where any person is required or authorised to give a notice, such notice, at the option of the person giving it, shall be given by delivering it to the person to whom it is addressed, or by leaving at his proper address, or by telefacsimile or electronic means, or by sending it by first class post to him at that address, or by any other means agreed between the person giving it and the person to whom it is to be sent.
(3) Where a notice may be served by telefacsimile or other electronic means, then, unless the contrary is proved, service is deemed to be effected at the time when the transmitting apparatus records satisfactory completion of the transmission, provided that...
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