The Street Works (Inspection Fees) (England) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

The Street Works (Inspection Fees) Regulations 1992 (“the 1992 Regulations”) as amended by The Street Works (Inspection Fees) (Amendment) (England) Regulations 2001 prescribe a scheme for the payment by undertakers for inspections of their works by street authorities. These Regulations revoke the 2001 Regulations and the 1992 Regulations so far as they extend to England and re-enact those Regulations to give effect to the following changes:

“Chargeable unit of inspection” is now defined simply as an inspection at random of 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: regulation 3(2).

“Unit of inspection”, in the case of clusters of not more than 5 excavations (or not more than 10 where the works relate to service pipes or lines) is redefined so that the previous requirement that in these cases, all the excavations are the subject of one notice of starting date, is replaced by two requirements, that all excavations are in the same street, and that they be part of the same works: regulation 3(3).

The five “Phases of work” contained in the 1992 regulations are now replaced by three: regulation 3(4).

“Estimated numbers of units of inspection” is replaced by “reckonable number of units of inspection”, being the average number of units of inspection for that undertaker during the three preceding years: regulation 3(5). Regulations 3(6) and (7) make provision for new undertakers to estimate the number of units of inspection they expect to generate for the first three years.

These Regulations provide for an increase to £20.00 (previously £15.50) in the fee payable by undertakers for inspections of their work by street authorities.