The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012

• Citation: S.I. 2012/425
• Sections: 8

Section 1 Citation, commencement, expiry and application

(1) These Regulations may be cited as the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012.

(2) They come into force on 14th March 2012.

(3) They cease to have effect on 13th March 2019 unless revoked with effect from an earlier date.

(4) These Regulations apply to England only.

Section 2 Interpretation

In these Regulations—

“the 1980 Act ” means the Highways Act 1980 ;

“the 1991 Act ” means the New Roads and Street Works Act 1991;

“the 2009 Regulations ” means the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 ;

“actual start of works notice”, “works clear notice” and “works closed notice” mean notices given in accordance with regulation 6 of the 2009 Regulations;

“Approved Authority” means a local highway authority approved by an order made by the Secretary of State under section 74A(2) of the 1991 Act;

“traffic-sensitive street” means a street designated as traffic-sensitive under section 64 of the 1991 Act; and

“traffic-sensitive time” in relation to a traffic-sensitive street has the meaning given in the 2009 Regulations.

Section 3 Application of Regulations

(1) Subject to paragraph (2), these Regulations apply to every maintainable highway which is—

(a) a protected street; or

(b) a traffic-sensitive street,

in respect of which the highway authority is an Approved Authority.

(2) These Regulations do not apply to a footpath or a bridleway.

(3) In this regulation—

(a) “bridleway” and “footpath” have the meaning given by section 329(1) of the 1980 Act; and

(b) “protected street” has the same meaning as it does for the purpose of section 61(1) of the 1991 Act.

Section 4 Prescribed Charges

(1) Subject to paragraphs (4) and (5), an undertaker executing street works in a highway to which these Regulations apply must pay the Approved Authority a charge determined in accordance with paragraph (2).

(2) Subject to paragraph (4), the charge is £2500 multiplied by the number of days, including part days, comprising the duration of the street works.

(3) In addition, and subject to paragraph (4), the undertaker must pay the Approved Authority a charge of £100 if the circumstances in regulation 5(5) apply and the undertaker has complied with the request made under regulation 5(6)(b) within the time limit set out in regulation 5(7).

(4) An Approved Authority may reduce the amount, or waive payment, of a charge—

(a) in any particular case,

(b) in such classes of case as it may decide,

(c) in all cases,

(d) in all cases other than a particular case, or

(e) in all cases other than such classes of case as it may decide.

(5) Charges do not apply to street works—

(a) in a verge;

(b) in a traffic-sensitive street, other than at a traffic-sensitive time;

(c) in the footway of a traffic-sensitive street, at a traffic-sensitive time, so long as the street works do not involve breaking up the street, or tunnelling or boring under it.

(6) In this regulation—

(a) “cycle track” has the meaning given in section 329(1) of the 1980 Act; and

(b) “verge” means any part of the highway which is not a carriageway, footway or cycle track.

Section 5 Duration of Works

(1) This regulation makes provision for the determination of the duration of street works.

(2) Subject to paragraphs (3) to (5), the street works are to be treated as beginning on the date stated in the actual start of works notice and ending on the date stated in the works clear notice or works closed notice.

(3) If it can be proved that the date stated in the actual start of works notice is incorrect, or the undertaker is not required by the 2009 Regulations to give such a notice, the street works are to be treated as beginning on the date the works actually began.

(4) If it can be proved that the date stated in the works clear notice or works closed notice is incorrect, or the undertaker is not required by the 2009 Regulations to give such a notice, the street works are to be treated as ending on the date that the steps set out in regulation 6(3)(a) to (c) or 6(4)(a) to (c) of the 2009 Regulations were carried out.

(5) An undertaker is deemed to have carried out the steps in regulation 6(3)(b)(i) or 6(4)(b)(i) of the 2009 Regulations if the undertaker has endeavoured to remove all signing, lighting and guarding and not more than five items of signing, lighting or guarding remain on the highway.

(6) If paragraph (5) applies the Approved Authority may—

(a) notify the undertaker of the identity and location of the items of signing, lighting or guarding; and

(b) request the undertaker to remove them.

(7) If the undertaker has not complied with the request by the end of the next working day following the day on which the request was received, the duration of street works is to be treated as re-commencing on the date the request was received and ending on the day that the undertaker complies fully with the request.

Section 6 Payment

(1) An undertaker must, on receipt of a request in writing, pay to the Approved Authority the amount of charges calculated in accordance with regulation 4.

(2) Charges are payable in respect of street works only where the Approved Authority has given the undertaker, not later than three months after receipt of a works clear notice or a works closed notice in respect of those works, a request in writing setting out the charges payable.

(3) A request in writing under paragraph (2) may be given by electronic communication, by post or by hand delivery to the undertaker.

Section 7 Application of charges and keeping of accounts

(1) An Approved Authority may deduct from charges received from undertakers pursuant to these Regulations, its reasonable costs of operating and evaluating the effectiveness of the scheme under which they are paid.

(2) An Approved Authority must apply the net proceeds for purposes intended to reduce the disruption and other adverse effects caused by street works.

(3) An Approved Authority must keep and publish yearly accounts of sums received by way of charges.

(4) The accounts published in accordance with paragraph (3) must include details as to how the Approved Authority has applied any net proceeds in accordance with paragraph (2).

Section 8 Revocation

The Street Works (Charges for Occupation of the Highway) (England) Regulations 2001 are revoked.