Statutory Instruments
HIGHWAYS, ENGLAND AND WALES
Made
15th July 1992
Laid before Parliament
15th July 1992
Coming into force
1st January 1993
The Secretary of State for Transport and the Secretary of State for Wales in exercise of their powers under sections 70(4), 71 and 104(3) of the New Roads and Street Works Act 1991(1), and of all other enabling powers, hereby make the following Regulations:—
1. These Regulations may be cited as the Street Works (Reinstatement) Regulations 1992 and shall come into force on 1st January 1993.
2. In these Regulations:—
(a)a reference to a regulation followed by a number is a reference to the regulation bearing that number in these Regulations, and a reference to a paragraph followed by a number is a reference to the paragraph bearing that number in the regulation in which the reference occurs;
(b)“the Act” means the New Roads and Street Works Act 1991;
(c)“the Code” means the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated June 1992, and approved by the Secretary of State on 30th June 1992 as revised and re-issued from time to time;
(d)“immediate works” means works comprising the orderly replacement of excavated material, reasonably compacted and finished at surface level with a deferred set macadam;
(e)“a road carrying more than 30 million standard axles” means a road so constructed as to be capable of carrying more than 30 million standard axles per annum.
3.—(1) For the purposes of applying the requirements specified in regulation 4 the different descriptions of street are the types of road specified in paragraph 1.3.1 of Chapter S1 of the Code and the different descriptions of footpath are the types of footpath specified in paragraphs 1.4.1, 1.4.2 and 1.4.3 of Chapter S1 of the Code and the method of assessing the road type is that set out in paragraph NG1.3.1 of the notes for guidance in the Code.
(2) In any case where the street authority has given the undertaker which is intending to execute street works in the street written notice that it has classified the street as being of one of those types of road, the undertaker shall use the materials and observe the standards of workmanship specified in regulation 4 and satisfy the performance standards specified in regulation 5 appropriate to that type of road.
(3) In any case where the street authority has given the undertaker which is intending to execute street works in the street written notice that the street is a road carrying more than 30 million standard axles the undertaker shall use such materials and observe such standards of workmanship as shall be agreed between the street authority and the undertaker.
(4) In any case where the street authority has not given the undertaker which is intending to execute works in the street written notice under paragraph (2) or (3) of this regulation, the undertaker shall use the materials and observe the standards of workmanship specified in regulation 4 for the type of road which the undertaker considers appropriate, provided that the street authority shall not in such a case classify the street as being any other type of road until such street works including reinstatement have been completed.
4.—(1) Save as provided in regulations 3(3), 7 and 8 an undertaker executing street works shall in reinstating the street comply with:—
(a)the requirements specified in paragraph (2) as to the specification of materials to be used so far as those requirements relate to reinstatement, and
(b)the requirements specified in paragraph (3) as to the standards of workmanship to be observed so far as those requirements relate to reinstatement.
(2) The requirements referred to in paragraph (1)(a) are the requirements to use materials which are needed to satisfy the performance standards specified in regulation 5, having regard to the various provisions for each description of street specified in the chapters of the Code listed in column 2 of the Table below to the extent specified in column 3 of that Table.
| 1 | 2 | 3 |
|---|---|---|
| Item No. | Chapter of Code | Extent of application |
| 1 | S1 (Operational Principles) | The whole so far as it applies to use of materials. |
| 2 | S2 (Performance Requirements) | Paragraph 2.6.4. |
| 3 | S4 (Surround to Apparatus) | The whole so far as it applies to use of materials. |
| 4 | S5 (Backfill) | The whole so far as it applies to use of materials. |
| 5 | S6 (Flexible and Composite Roads) | The whole so far as it applies to use of materials. |
| 6 | S7 (Rigid and Modular Roads) | The whole so far as it applies to use of materials. |
| 7 | S8 (Footways and Cycletracks) | The whole so far as it applies to use of materials. |
| 8 | S9 (Verges) | The whole so far as it applies to use of materials. |
| 9 | S11 (Ancillary Activities) | The whole so far as it applies to use of materials. |
| 10 | S12 (Remedial Works) | Paragraph 12.3. |
(3) The requirements referred to in paragraph (1)(b) are the requirements to observe the standards of workmanship which are needed to satisfy the performance standards specified in regulation 5, having regard to the various provisions for each description ofstreet specified in the chapters of the Code listed in column 2 of the Table below to the extent specified in column 3 of the Table.
| 1 | S1 (Operational Principles) | The whole so far as it applies to standards of workmanship. |
| 2 | S2 (Performance Requirements) | Paragraphs 2.2.1, 2.3.1, 2.4.2, 2.4.3, 2.6.2, 2.6.3. |
| 3 | S3 (Excavation) | The whole so far as it is relevant to reinstatement. |
| 4 | S4 (Surround to Apparatus) | The whole so far as it applies to standards of workmanship. |
| 5 | S6 (Flexible and Composite Roads) | The whole so far as it applies to standards of workmanship. |
| 6 | S7 (Rigid and Modular Roads) | The whole so far as it applies to standards of workmanship. |
| 7 | S8 (Footways and Cycletracks) | The whole so far as it applies to standards of workmanship. |
| 8 | S9 (Verges) | The whole so far as it applies to standards of workmanship. |
| 9 | S10 (Compaction) | The whole. |
| 10 | S11 (Ancillary Activities) | The whole so far as it applies to standards of workmanship. |
| 11 | S12 (Remedial Works) | The whole so far as it applies to standards of workmanship. |
5. The performance standards referred to in regulation 4 are the performance requirements specified in Chapter S2 of the Code.
6. The requirements specified in regulation 4 apply:—
(a)to immediate works in so far as the provisions of the Code to which these requirements relate are expressly confined to immediate works;
(b)to interim reinstatements in so far as the provisions of the Code to which those requirements relate are expressly confined to interim reinstatements;
(c)to permanent reinstatements in so far as the provisions of the Code to which those requirements relate are expressly confined to permanent reinstatements;
(d)to immediate works, interim reinstatements and permanent reinstatements in so far as the provisions of the Code to which those requirements relate are not expressly confined to immediate works, interim reinstatements or permanent reinstatements.
7. The requirements specified in regulation 4 apply subject to the provisions of paragraphs 1.5, 1.6.1 and 1.6.2 of Chapter S1 of the Code.
8. An undertaker executing street works which consist of immediate works shall comply with the provisions specified in paragraphs 1.6.1 and 1.6.2 of Chapter S1 of the Code.
9.—(1) An undertaker who has complied with the Code shall be taken to have complied with his duties under section 71 of the Act and under these Regulations.
(2) Any failure by an undertaker in any respect to comply with any provision of the Code shall be evidence of failure in that respect on his part to comply with his duties under section 71 of the Act and under these Regulations.
10. Where an undertaker has carried out an interim reinstatement, the period for thecompletion of the permanent reinstatement may be extended by agreement between the undertaker and the street authority to a date not later than twelve months from the date on which the interim reinstatement was completed.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
15th July 1992
Wyn Roberts
Minister of State for Wales
15th July 1992
(This note is not part of the Regulations)
These Regulations prescribe the requirements for the specification of materials to be used and the standards of workmanship to be observed by undertakers when reinstating streets in which they have executed street works in accordance with their duty under section 70(1) of the New Roads and Street Works Act 1991 (“the Act”).
An undertaker executing street works is required when reinstating the street to comply with specified requirements as to materials to be used (regulation 4(1) and (2)) and standards of workmanship to be observed (regulation 4(1) and (3)). The specified requirements are prescribed by reference to the Code of Practice (“the Code”) issued by the Secretary of State under section 71(4) of the Act. Different requirements are specified for different types of street (regulation 3 and special provision is made for streets carrying very heavy traffic where the materials and standards of workmanship are to be agreed between the street authority and the undertaker (regulation 3(3)) and for street works classified as immediate works (regulation 8).
Performance standards are prescribed by reference to the Code (regulation 6). It is provided that compliance by an undertaker with the Code or his failure to do so shall amount to compliance with his duties under section 71 of the Act or be evidence of his failure to comply (regulation 9). There is provision for the extension by agreement between the undertaker and the street authority of the period for the completion of permanent reinstatement where an interim reinstatement has been carried out (regulation 10).