2006 No. 1532 (W.150)
The Street Works (Inspection Fees) (Wales) Regulations 2006
Made
Coming into force
Title, commencement and application1
1
The title of these Regulations is the Street Works (Inspection Fees) (Wales) Regulations 2006 and they come into force on 2 October 2006.
2
These Regulations apply in relation to Wales.
Interpretation2
In these Regulations:
“the Act” (“y Ddeddf”) means the New Roads and Street Works Act 1991;
“service pipe” (“pibell gyswllt”) and “service line”(“llinell gyswllt”) have the same meaning as in paragraph 7(3) of Schedule 4 to the Act;
“statutory undertaker” (“ymgymerydd statudol”) means an undertaker who executes street works by virtue of a statutory right;
“works” (“gwaith”) means street works involving the excavation or reinstatement of any part of a street;
“year” (“blwyddyn”) means a year starting on 1 April and ending on 31 March.
Inspection Fees3
1
An undertaker must pay to the street authority a fee of £21 for each chargeable inspection of works carried out by the street authority.
2
For the purposes of this regulation, subject to paragraph (6) below, a chargeable inspection of works is an inspection at random of not less than 10 per cent and not more than 10.5 per cent of each phase of works, and not more than 30 per cent of the total number of reckonable units of inspection in any year.
3
For the purposes of this regulation, a unit of inspection is:
a
a single excavation not exceeding 200 metres in length; or
b
more than one and not more than 5 excavations and, in the case of works relating to service pipes and service lines, not more than 10 excavations, provided that in each case–
i
all the excavations are in the same street,
ii
all the excavations are part of the same works,
iii
all the excavations are made within a period of 10 working days,
iv
each excavation is within 500 metres of every other excavation; and
v
the aggregate length of all the excavations does not exceed 200 metres; or
c
in the case of an excavation longer than 200 metres each length of 200 metres within the length of that excavation or the balance of such length.
4
For the purposes of this regulation, the phases of works are:–
a
the period when the works are being carried out, ending with the day on which interim or permanent reinstatement is completed;
b
the period of six months starting with the day on which interim or permanent reinstatement is completed; and
c
the period of three months immediately preceding the end of–
i
in the case of excavations to a depth exceeding 1.5 metres to the top of the apparatus over a length of 5 metres or more, 3 years from completion of permanent reinstatement,
ii
in any other case, 2 years from the completion of permanent reinstatement.
5
For the purposes of this regulation, save as provided in paragraph (6) below, the number of reckonable units of inspection in a year is the average of the number of units of inspection for the undertaker per year calculated over the three immediately preceding years.
6
Where an undertaker has not previously executed any street works in streets for which the authority making the inspections is the street authority, the number of reckonable units of inspection for each of the first three years is the estimated number of units of inspection for the undertaker for that year.
7
For the purposes of making the estimate referred to in paragraph (6), the undertaker must, prior to carrying out any works in streets for which the authority making the inspections is the street authority, provide the street authority with an estimate of the number of units of inspection it expects to generate in that year.
8
Where an undertaker fails to provide the street authority with an estimate within the time period referred to in paragraph (7) above, the street authority must carry out and charge a fee of £21 to that undertaker for so many inspections as the street authority considers appropriate, until such time as the undertaker provides the street authority with an estimate, whereupon the provisions of paragraph (9) below will apply.
9
Once the undertaker referred to in paragraph (8) above has provided an estimate to the street authority, the provisions of paragraph (6) above will apply, and the first three years, referred to in paragraph (6) is deemed to commence on the date on which the estimate is received by the street authority.
Revocations4
1
The Street Works (Inspection Fees) Regulations 19923are revoked in so far as they apply to Wales.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19987
(This note is not part of the Regulations)