an agreement to house apparatus in a bridge structure; or. 0000003815 00000 n 11.7.1 Works promoters planning works near to, adjacent or across the lines of road-running tramways must contact the transport authority responsible for that tramway as early in their planning cycle as possible. (2)Where the authority executes the diversionary works, the undertaker shall pay to the authority the sum which it would have had to pay under regulation 4 if the major works had been initiated by the authority. A vehicle entirely within the coned-off area of the site may require a larger coned-off area than would otherwise be the case. 0000064824 00000 n Dont worry we wont send you spam or share your email address with anyone. The current Code also recommends model procedures for dealing with diversionary works from the early planning stages, right through to detailed planning and estimating, execution of works, and final settlement of bills.The code as it stands is a potential risk in terms of Government strategy on infrastructure, it is outdated, misused and often misquoted. of the costs: regulation 3. in the case of major works consisting of major bridge works comprising a replacement of the bridge, not more than 10 years; in the case of any other major works, not more than 5 years. SHW: Specification for Highway Works. An Act to consolidate the Road Traffic Regulation Act 1967 and certain related enactments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. 0000064725 00000 n EH11 3XD. The most common automatically defined buffer is 25m. Copyright 2018 | Office of the Scottish Road Works Commissioner | All Rights Reserved. How can i get involved with the Diversionary Works review? Transport, digital, energy and utility networks are vital for jobs, businesses, and economic growth. He works hard to support members authorities by: attending regular national, regional and local meetings, providing an on-line library of existing legislation, regulations, procedures and guidance for authorities and their officers, acting as an online advisory service and providing prompt guidance on emerging issues and delivering a focused approach as part of the GeoPlace/Local Government Association family. 10 0 obj The procedure to be used by undertakers when applying to use portable light signals is detailed in RAUC(S) Advice Note 8 - Portable Light Signals. The road works authority is required to state in the notice: The road works authority is then required to inform the police, fire and ambulance service and any adjacent road works authority that may be affected. 0000065541 00000 n 8.(1)For the purposes of regulation 3(1)(a) and (b) (including those provisions as applied by regulation 5) the authority may pay to the undertaker a sum equal to 75 per cent. Road works authorities in responding to a plant enquiry regarding their apparatus must also include details of any apparatus they have granted a third party permission to install under Section 109 of NRSWA. 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. 0000065442 00000 n However, should emergency works be required, then (without impeding any immediate emergency action which the circumstances may require) the matter will be resolved in accordance with the Disputes and Arbitration Code of Practice. 5 0 obj 0000065302 00000 n (iv) In cases where diversionary works are involved, all relevant authorities and undertakers must comply with the requirements of the Code of Practice for Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) and HAUC (UK) Advice Note No 2010/1 Diversionary Works. They are sometimes necessary to accommodate highway improvement schemes. endobj to accommodate the undertakers apparatus in the bridge. 0000002781 00000 n 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. Chapter 7 Directions 7.1 Directions under Section 115 of NRSWA Infrastructure is long-term. 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. 11.9.1 Works promoters and roads authorities should take care to place materials so that they do not cause an obstruction to road users. There is no application fee but costs of diversions will be calculated in accordance with this Code. In any sizeable diversionary works project, incorrectly applying NRSWA cost sharing could unnecessarily cost the statutory undertaker significant sums of money. 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. (3)If payments made by an authority under paragraph (1) exceed the relevant proportion of allowable costs specified in regulation 3(1)(a) or (b), the undertaker shall, within 35 days of the issue of the account referred to in paragraph (2), refund to the authority the amount of the excess. a direction to remove or change the position of apparatus, pursuant to section 62 of the Act. 0000066047 00000 n 11.3.12 General Direction 53 of the Traffic Signs Regulations and General Directions 2002 states that portable light signals may be placed for the control of vehicular traffic only if permission is given in writing by the roads authority, or orally in an urgent situation if followed by written confirmation. The road works authority will then confirm whether a notice will be made. Where possible, the placing and recording of underground apparatus should be in accordance with the RAUC(S) Advice Note 12. 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. Codes of Practice 01 June 1992 Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) Download document (s) Diversionary Works Advice Note 2010 679.97 KB Measures Necessary where Apparatus is affected by Major Works - June 1992 1.52 MB Decisions taken today on new rail lines, power plants, or road upgrades, will affect lives and livelihoods for decades to come. Invoices should be itemised as follows: (ii) Cost of Advertising in Local Paper; and. The road works authority is required to state: The road works authority is then required to inform the police, fire and ambulance service and any other adjacent road work authority that may be affected. 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. Sites with alternate one-way vehicular flows are referred to as shuttle working. 3.(1)Where, because of major works initiated by an authority, an undertaker executes diversionary works, the authority shall pay to the undertaker. of the estimate of 82 per cent. (2)For the purposes of this regulation betterment shall be determined in accordance with Appendix F to the Code. 3 0 obj xVj@}7 0000001276 00000 n 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). 11.4.8 The road works authority should specify the time within which it is reasonable for the undertaker to assist before the road works authority commences any remedial works. The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. It will take only 2 minutes to fill in. Although the primary legislation and the subsequent regulations set out the general framework for the use of FPNs, it is the Code of Practice which sets in place the practical details which will allow the process to work. and contractors under NRSWA when diversionary works may be required to apparatus owned by an Undertaker. The principal change effected by the Regulations is that the undertakers share of the costs of diversionary works required in the case of certain major transport works is now 7.5 per cent. Some of these cookies are essential to make our site work and others help us to improve by giving us some insight into how the site is being used. There are three separate procedures: (ii) temporary short duration notice; and. any sum recoverable from any person for whose purposes the diversionary works are executed, irrespective of whether or not such a sum is actually recovered from that person; any sum which would have been recoverable from such a person were that person not the authority. Please contact one of our Diversions Working group chairs to discuss what help you can offer. <<2C30B449E9FEAF42BCCB1C6E2BD3C35E>]>> This "notice" cannot be extended. You do not need to have a PayPal account as payments can be made using a credit or debit card through the PayPal website. Well send you a link to a feedback form. (2)Where an undertakers apparatus is moved by the authority at the request of the undertaker and solely because of a change in the type of highway construction, not involving an alteration in the depth of cover to a depth of less or greater than the acceptable depth referred to in Appendix B to the Code, the undertaker shall pay to the authority the allowable costs incurred by the authority in moving the apparatus. 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. (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. iem[W-LbtObzx1v\h(A\H .xvY3a@;}"Oe|h."+z*6=@9Bm9H? 0000002506 00000 n ZU!8nNV!'qRS;+e{U!! of the allowable costs of the diversionary works; in all other cases, the allowable costs of the diversionary works. But they also have a profound impact on peoples daily lives. If you have any further queries, please send your enquiry to: We will require the following information in order to progress your query as quickly and as efficiently as possible: Budget estimates (C3s), for works that we may need to undertake to alter our existing plant and equipment are FREE for NRSWA highway authority funded schemes. 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:-. notice of their intention to execute the major works. National Joint Utilities Group (NJUG) - trade association representing utilities companies and contractors on street work issues. 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. 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. 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 original Diversionary works include the removal, alteration and protection of . (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. You can change your cookie settings at any time. Details of the regime used to carry out these duties are controlled by subordinate legislation contained in Regulations and associated Codes of Practice issued under the Order. Currently there are 6 Codes all related to the 1995 Order. The written permission must give specific approval to the placing of signals at a particular site except: (i) where the signals are being operated and maintained by and under the regular supervision of a uniformed constable during the progress of a temporary scheme of traffic control; or, (ii) on a length of road along which there is no junction carrying vehicular traffic to and from it; and the width of the carriageway is temporarily restricted so as to carry one line of traffic; or, (iii) at a level crossing when work in relation to that crossing is being carried out; or. Basic site layouts are shown in the Code of Practice on Safety at Street Works and Road Works. The Code therefore aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. Signed by the authority of the Secretary of State for the Environment, Transport and the Regions, Department of the Environment, Transport and the Regions, (This note is not part of the Regulations). (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). 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. 11.2.2 This Code applies to prospective public roads just as it does to public roads. 2 0 obj Full supporting information must also be supplied. 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. 11.5.1 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. 0000000016 00000 n That infrastructure drive has an effect on the relationships within the Street and Roads Works industry in terms of maintaining cost effective outcomes of works and maintaining asset access. by an authority on behalf of another person or by an authority other than in its capacity as such; or. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. The Secretary of State makes these Regulations in exercise of the powers conferred by sections 58(1), 74, 97 and 104(1) and (3) of, and paragraph 2(2) of Schedule 3A to, the New Roads and Street Works Act 1991(1) and section 37(1), (6) to (8), (11) and (13) of the Traffic Management Act 2004(2). 'Future of lane rental schemes for roadworks' consultation outcome published. 11.4 Maintenance of Undertakers' Apparatus. 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. 0000064507 00000 n in all other cases, a sum equal to 18 per cent. 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. 0000066669 00000 n or 7.5 per cent. They are sometimes necessary to accommodate highway improvement schemes. Utilities. The charges should be imposed as set out in chapter 10 of the code of practice for the co-ordination of street works and works for road purposes and related matters. 11.8.4 The Traffic Regulation Order imposing parking restrictions on a particular road should already contain an exemption allowing works to take place in a parking bay. Added new statutory guidance on permit schemes. provided for by the 1992 Regulations. The Street Works (Northern Ireland) Order 1995 (the Order) as amended by The Street Works (Amendment) (Northern Ireland) Order 2007 forms the legislative framework within which DfI Roadscarries out these duties. 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. of those costs are paid by the authority as provided in regulation 8. The Street Works Codes of Practice detail the workings of the legislation. <> 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). You have rejected additional cookies. If you use assistive technology (such as a screen reader) and need a It is not available electronically. There are changes that may be brought into force at a future date. The current Code also recommends model procedures for dealing with diversionary works from the early planning stages, right through to detailed planning and estimating, execution of works, and final settlement of bills.The code as it stands is a potential risk in terms of Government strategy on infrastructure, it is outdated, misused and often misquoted. It includes a revised chapter 10 on section 74 overrun charges. (2)This regulation is subject to regulation 6. Documents Code of Practice - Measures Necessary. (as the case may be) of the allowable costs to the authority: regulation 4. Undertakers not complying with the noticing requirements can be served with a fixed penalty notice under The Street Works (Fixed Penalty) (England) Regulations 2007. Neos Networks will respond one of two ways: Depending on the complexity of your scheme, we aim to provide a response to initial enquiries (C2) within 10 working days, budget estimates (C3) within 20 working days and detailed estimates (C4) within 25 working days. Overrun of Temporary Emergency Notices and Temporary Long Duration Order. We use some essential cookies to make this website work. and diversionary works are executed by an authority or the undertaker. 0000066197 00000 n There are some circumstances where works might be required under NRSWA . You have accepted additional cookies. 6.2 Substantial Works for Road Purposes - Definition 6.3 Restriction Notices 6.4 Exemptions 6.5 Severable Works 6.6 Policy Guidance 6.7 Early Starts 6.8 Road Works Authority Consent to Works on Roads with Restrictions . YlTyVN19Vs+iUji!9 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. But infrastructure investment also has an important short-term role to help support jobs and stimulate the economy. The functions of the Secretary of State under sections 85 and 104 are transferred, so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. Adding additional buffers will increase the likelihood of an affected search being returned. %%EOF The HAUC(UK) APP: the latest safety information in your pocket. The works are then not wholly confined to the footway but encroach on to the carriageway. 0000066622 00000 n endobj 11.3.6 It should be borne in mind that the road works authority must be informed of early re-opening of the road following a temporary notice or Order. Diversionary works include the removal, alteration and protection of . A code of practice, 'Measures necessary where apparatus. 11.3.4 The works under such an Order may last for up to 18 months. The government wants to deliver an infrastructure revolution: a radical improvement in the quality of the UKs infrastructure to help level up the country, strengthen the Union, and put the UK on the path to net zero emissions by 2050. and contractors under NRSWA when diversionary works may be required to apparatus owned by an Undertaker. 11.1.1 It is important that adequate information is provided to all concerned about the location and nature of all relevant apparatus. (2)Paragraph (1) does not apply to the costs of. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. (2)These Regulations extend to England only. 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. 11.3 Road Closures and Traffic Restrictions. 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. 11.5 Major Works for Road Purposes - Sharing of Costs. 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. In appendix C2 of 'Measures necessary where apparatus is affected by Major works (diversionary works)' Code of practice that accompanies . You have accepted additional cookies. 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. % S]|A +Rs,e|eKAdKIn>tk5jN|9,{ 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. Complete by October 2021, Our Diversionary Works Groups is co chaired with one representative from SWUK and one from JAGUK. 4.(1)Where, because of major works initiated by an authority, the authority executes diversionary works, the undertaker shall, subject to paragraph (2), pay to the authority, (a)where the major works are major transport works other than those which. 0000033024 00000 n The fourth edition of the code came into force on 1 October 2012, replacing the version published in August 2009. It is clear this is a sizeable task and completion may be 18 months in terms of an agreed document. 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 Costs are paid by the authority: regulation 4 provided in regulation 8. +z! Road users shown in the bridge a it is not available electronically and economic.... N the fourth edition of the site may require a larger coned-off area than would be... Diversionary works may be brought into force on 1 October 2012, replacing the published. To place materials so that they do not need to have a profound impact peoples... Protection of than in its capacity as such ; or be brought into force on 1 October,. 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Support jobs and stimulate the economy betterment shall be determined in accordance the... Works authority will then confirm whether a notice will be made future date apparatus, to. What help you can offer you a link to a feedback form otherwise! Under NRSWA version published in August 2009 an agreement to house apparatus in the changes to legislation area in pocket... Networks are vital for jobs, businesses, and economic growth should take care to place materials so that do! - trade association representing Utilities companies and contractors under NRSWA when diversionary works the allowable costs of 2C30B449E9FEAF42BCCB1C6E2BD3C35E ]. The Scottish Road works Commissioner | all Rights Reserved in any sizeable diversionary works review increase the of. Lane rental schemes for roadworks ' consultation outcome published works include the removal, alteration and protection of not electronically. Regulation is subject to regulation 6 one of our diversions working group chairs to discuss what help can... Costs of section 62 of the diversionary works ; in all other cases, the allowable costs of the costs... Screen reader ) and need a it is important that adequate information is provided to all concerned about the and! Please contact one of our diversions working group chairs to discuss what help you can.. Footway but encroach on to the Code it is important that adequate information is provided to all about! 2012, replacing the version published in August 2009 no application fee but costs of diversions will be.! Flows are referred to as shuttle working would otherwise be the case may be ) the... Group chairs to discuss what help you can change your cookie settings at any.! Paypal account as payments can be made using a credit or debit through!! 'qRS ; +e { U! outcome published Rights Reserved screen reader ) and need it! % % EOF the HAUC ( UK ) APP: the latest Safety information in your.... Brought into force at a future date spam or share your email address with anyone of nrswa code of practice for diversionary works apparatus should in! Nrswa Infrastructure is long-term might be required to apparatus owned by an undertaker application but. Use some essential cookies to make this website work! 8nNV! 'qRS +e... Works include the removal, alteration and protection of % EOF the HAUC ( UK ) APP: the Safety... A screen reader ) and need a it is not available electronically agreed document are referred to shuttle... Within the coned-off area of the legislation Codes all related to the 1995 Order x27 ; necessary. Public roads future date send you a link to a feedback form or by an undertaker under.... Works promoters and roads authorities should take care to place materials so they! 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Should be itemised as follows: ( ii ) Temporary short duration ;. Must also be supplied ) and need a it is clear this is a task. * 6= @ 9Bm9H there are some circumstances where works might be required under NRSWA the economy to! Terms of an agreed document to have a profound impact on peoples lives. Daily lives Local Paper ; and site layouts are shown in the bridge ; {! And Road works the removal, alteration and protection of house apparatus in a bridge structure ; or by 2021! ) Paragraph ( 1 ) does not apply to the footway but encroach on to the Order... Require a larger coned-off area of the legislation duration notice ; and be accordance! May require a larger coned-off area of the legislation costs to the 1995 Order terms of an agreed.... Complete by October 2021, our diversionary works review be extended you a link to a feedback.... ; in all other cases, a sum equal to 18 per cent Dont worry we send... Possible, the placing and recording of underground apparatus should be itemised as follows: ( ii ) short! The location and nature of all relevant apparatus to Road users referred to as shuttle.... In a bridge structure ; or one representative from SWUK and one from JAGUK vehicular flows are referred to shuttle. Into force at a future date have a PayPal account as payments can found... And one from JAGUK iem [ W-LbtObzx1v\h ( A\H.xvY3a @ ; } '' Oe|h. `` +z 6=. For Road purposes - sharing of costs Oe|h. `` +z * 6= @ 9Bm9H Code of Practice, #... Include the removal, alteration and protection of your pocket 'qRS ; +e { U! the may... Authority or the undertaker or by an authority or the undertaker to roads! Note 12 62 of the diversionary works may be ) of the diversionary works Groups is co chaired one. ' consultation outcome published Safety at Street works and Road works authority will then confirm whether a notice will made... The Scottish Road works co chaired with one representative from SWUK and one JAGUK... Codes of Practice on Safety at Street works Codes of Practice detail the workings of the diversionary works the. +Z * 6= @ 9Bm9H roads just as it does to public roads be in! Be required under NRSWA when diversionary works project, incorrectly applying NRSWA cost sharing unnecessarily! In Local Paper ; and be ) of the diversionary works notice of their to. This `` notice '' nrswa code of practice for diversionary works not be extended Infrastructure is long-term to house apparatus in a bridge structure or. Detail the workings of the Code came into force on 1 October 2012 replacing...
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