(This note is not part of the Regulations)
Regulation 2 includes definitions of “major projects”, “minor works”, “standard works” and “urgent works”.
Regulation 3 prescribed the information with respect to road works which is to be held in the register a road works authority is required to keep pursuant to section 112(1) of the New Roads and Street Works 1991 (“the Act”), together with information about certain categories of roads, other works, notices, permissions, apparatus and reinstatements which are also be held in the register. Provision is made for information certified by the Secretary of State in the interests of national security and for information which is commercially sensitive to an undertaker to be restricted for the purposes of section 112(3) of the Act (regulation 3(4)).
Regulation 4 and Schedule 2 prescribe the form of notice to be given for the purposes of sections 113, 114 and 116 of the Act (advance notice of certain works, notice of starting date of works and notice of emergency works). Regulation 5 prescribes the manner in which service of notices under the Act or the Regulations is to be effected. Regulation 6 prescribes the instances in which an advance notice of works (section 113 of the Act) is required and provides that the period of such notice shall be one month. Regulation 7 prescribes the period of notice of starting date of road works (required to be given under section 114 of the Act) for urgent and standard works and, in the case of traffic-sensitive roads, for urgent, standard, minor and remedial works.
Regulation 8 sets out the procedure to be followed where a road works authority gives a direction under section 115(1) of the Act as to the timing of road works. Regulation 9 defines “substantial works” for the purposes of section 117(1) of the Act, prescribes the manner in which a notice under that section shall be published and prescribes exceptions (additional to those set out in section 117(5) of the Act) to the restriction on the execution of road works for a period of 12 months following substantial works carried out for road purposes imposed by section 117(1) of the Act.
Regulation 10 exempts road managers from the requirement to keep a road works register under section 112(1) of the Act.
Regulations 11(1), 12(1) and 13(1) prescribe the criteria which a road works authority shall use when designating a road as a protected road pursuant to section 120 of the Act, as a road having special engineering difficulties pursuant to section 122 of the Act or (except where a designation is by agreement between the road works authority and the majority of the relevant undertakers) as traffic-sensitive pursuant to section 123 of the Act.
Regulations 11(3), 12(3) and 13(3) set out the information which a road works authority shall make available when designating a road as a protected road, as having special engineering difficulties or as traffic-sensitive.
Regulation 11(2) and Part I of Schedule 1 to the Regulations prescribe the procedure for designating protected roads. Provision is made for the publication of a notice, its service upon specified bodies and persons and for the holding of a public inquiry before designation is made if there are objections.
Regulations 12(2), 13(2) and Part II of Schedule 1 to the Regulations prescribe the procedure for designating roads as having special engineering difficulties or as traffic-sensitive. Provision is made for the giving of a notice of the proposal to specified bodies and persons and for the consideration of objections before a designation is made.
Regulations 11(2), 12(2) and 13(2) and Part III of Schedule 1 to the Regulations make provision for the withdrawal by the road works authority of a designation of a road as a protected road, as having special engineering difficulties or as traffic-sensitive.