The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008
| Jurisdiction | Wales |
| Citation | SI 2008/101 (W14) |
| Year | 2008 |
2008 No. 101 (W.14)
HIGHWAYS, WALES
The Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008
Made 17th January 2008
Laid before the National Assembly for Wales 18th January 2008
Coming into force 1st April 2008
The Welsh Ministers, in exercise of the powers conferred upon the National Assembly for Wales by sections 48(2), 49(5), 53(1), (2), (3) and (6), 54(1), (2), (3), (4), (4A), and (4B), 55(1), (2), (3), (7) and (8), 56(2), 56A(4), 57(2) and (3), 58(1), (2), (3), (4), (5), (7) and (7A), 58A, 62(1), 63(2), 64(1) and 2, 70(3) (b), (4A) and (4B), 97, 104(1) and (3) of, and paragraphs1(2), 2 (2), (3), (4)(f) and (5), 3(5)(b), 4(4) and (5) and 5(2)(c), (3) and (4) of Schedule 3A to, the New Roads and Street Works Act 19911, and now vested in them2, make the following Regulations.
Title, commencement and application
1. The title of these Regulations is the Street Works (Registers, Notices, Directions and Designations) (Wales) Regulations 2008, they come into force on 1st April 2008 and apply in relation to Wales.
Amendment of the Street Works (Registers, Notices, Directions and Designations) Regulations 1992
2.—(1) Subject to regulation 19, the Street Works (Registers, Notices, Directions and Designations) Regulations 19923are amended as follows.
(2) After regulation 1 there is inserted the following regulation —
“Application
1A. These Regulations are revoked in relation to Wales.”
Interpretation
3.—(1) In these Regulations —
“the 1984 Act” means the Road Traffic Regulation Act 19844;
“the 1991 Act” means the New Roads and Street Works Act 1991;
“the 2002 Regulations” means the Traffic Signs Regulations 20025;
“day” means a working day;
“immediate works” means urgent works or emergency works;
“limited designation” means a designation in accordance with regulation 16(3) for particular times or on particular dates;
“major works” means —
(a) street works which have been identified in the annual operating programme of an undertaker, or which, though not specifically identified in such programme, would normally be planned or known about at least six months in advance of the date proposed for the works;
(b) street works, other than immediate works, where —
(i) the street authority has indicated to an undertaker; or
(ii) an undertaker considers,
that an order under section 14 of the 1984 Act (temporary prohibition or restriction on roads) is required; or
(c) street works, other than immediate works, the planned duration of which exceeds ten days;
“minor works” means street works, other than immediate works or major works, the planned duration of which does not exceed three days;
“road category” means one of the road categories specified in paragraph 1.3.1 of Chapter S1 of the Code of Practice 2006 no 72, entitled “The Specification for the Reinstatement of Openings in Highways” dated November 2006 and approved by the National Assembly for Wales on 24th January 2007;
“standard works” means street works, other than immediate works or major works, the planned duration of which exceeds three days but does not exceed ten days;
“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works;
“street with special engineering difficulties” means a street designated as having special engineering difficulties under section 63 of the 1991 Act;
“street works register” means a register required to be kept by a street authority by section 53 of the 1991 Act;
“the Technical Specification” means the Technical Specification for the Electronic Transfer of Notices produced by the Department for Transport and dated 5th July 2007 as revised or reissued from time to time;
“traffic-sensitive street” means a street designated as traffic-sensitive under section 64 of the 1991 Act;
“traffic-sensitive time”, in relation to a traffic-sensitive street, means —
(a) the times or dates specified in the case of a limited designation; and
(b) any time in any other case; and
“urgent works” —
(a) means street works, other than emergency works, whose execution at the time when they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required) —
(i) to prevent or put an end to an unplanned interruption of any supply or service provided by an undertaker;
(ii) to avoid substantial loss to an undertaker in relation to an existing service; or
(iii) to reconnect supplies or services where an undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period; and
(b) includes works which cannot reasonably be severed from such works.
(2) Unless it is expressly provided otherwise, a reference in these Regulations to a numbered section is a reference to the section so numbered in the 1991 Act.
Street works registers
4.—(1) Subject to regulation 13 and to the requirements set out in paragraphs (2) and (3), street works registers must be kept so as to enable the information referred to in paragraphs (4) and (5), relating to a particular street, to be traced.
(2) Each register must —
(a)
(a) be indexed;
(b)
(b) no later than 1st April 2009, be based on a geographical information system; and
(c)
(c) identify the highway authority in relation to every street in the street authority’s area which is a maintainable highway.
(3) Every register kept by a local highway authority must be in a form which complies with the system of street referencing specified in Part I of the publication issued by the British Standards Institution on 1st August 2006 entitled “Spatial data sets for geographical referencing — specification for a street gazetteer” under reference No.BS 7666-1 20066as revised or re-issued from time to time.
(4) 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 columns (1) and (2) respectively of the following Table.
Table
(1) Information |
(2) Person responsible for securing its registration |
1. Particulars of all notices under sections 54, 55 and 57 served on the highway authority relating to street works in any street which is a maintainable highway. |
The undertaker concerned. |
2. Particulars of all notices under sections 54, 55 and 57 served on street managers relating to street works in any street which is not a maintainable highway. |
The undertaker concerned. |
3. Particulars of all directions given under sections 56 and 56A. |
The street authority concerned. |
4. Particulars of all notices, consents and directions published or given by a street authority under sections 58 and 58A. |
The street authority concerned. |
5. Particulars of all notifications made by an undertaker under paragraph 2(1)(d) of Schedule 3A to the 1991 Act. |
The undertaker concerned. |
6. Particulars of all notices served by a street authority under section 66. |
The street authority concerned. |
7. Information under section 70(3) and (4A) as to completion of reinstatements. |
The undertaker concerned. |
8. Particulars of all notices given by a street authority under section 72(3). |
The street authority concerned. |
9. Particulars of all notices given by an undertaker under section 74. |
The undertaker concerned. |
10. Particulars of all notices given by a street authority under section 74. |
The street authority concerned. |
11. Description and location of street works for which plans and sections have been submitted under Schedule 4 to the 1991 Act. |
The undertaker concerned. |
12. Particulars of notices given by any relevant authority under Schedule 4 to the 1991 Act. |
The relevant authority. |
(5) 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 columns (1) and (2) respectively of the following Table.
Table
(1) Information |
(2) Person responsible for securing its registration |
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 — (a) is — (i) a protected street7; (ii) a street with special engineering difficulties; or (iii) a traffic— sensitive street, including, where appropriate, details of the parts of the street so designated and, in the case of a traffic-sensitive street, of any limited designation; or (b) is proposed for designation as such. |
The street authority concerned. |
|
5. Description, timing and location of works for road purposes and major highway works which involve — (a) breaking up the highway; (b) opening the carriageway of a traffic-sensitive street at a traffic-sensitive time; or (c) the width of carriageway available for vehicular traffic being reduced — (i) by one or more traffic lanes; (ii) by more than one third in a case where there are no such lanes; or (iii) by any amount in a traffic sensitive street at a traffic— sensitive time, and any such works that are proposed. |
The street authority concerned. |
6. Particulars of all consents given by a street authority under section 61 together with details of any conditions. |
The street authority concerned. |
7. Details of all directions given under section 62. |
The street authority concerned. |
8. Particulars of street works licences, including details of conditions and of changes in ownership. |
The street authority concerned. |
9. Particulars of apparatus notified to the street authority under section 80(2). |
The street authority... |
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