The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012

Duration of Works

5.—(1) This regulation makes provision for the determination of the duration of street works.

(2) Subject to paragraphs (3) to (5), the street works are to be treated as beginning on the date stated in the actual start of works notice and ending on the date stated in the works clear notice or works closed notice.

(3) If it can be proved that the date stated in the actual start of works notice is incorrect, or the undertaker is not required by the 2009 Regulations to give such a notice, the street works are to be treated as beginning on the date the works actually began.

(4) If it can be proved that the date stated in the works clear notice or works closed notice is incorrect, or the undertaker is not required by the 2009 Regulations to give such a notice, the street works are to be treated as ending on the date that the steps set out in regulation 6(3)(a) to (c) or 6(4)(a) to (c) of the 2009 Regulations were carried out.

(5) An undertaker is deemed to have carried out the steps in regulation 6(3)(b)(i) or 6(4)(b)(i) of the 2009 Regulations if the undertaker has endeavoured to remove all signing, lighting and guarding and not more than five items of signing, lighting or guarding remain on the highway.

(6) If paragraph (5) applies the Approved Authority may—

(a) notify the undertaker of the identity and location of the items of signing, lighting or guarding; and

(b) request the undertaker to remove them.

(7) If the undertaker has not complied with the request by the end of the next working day following the day on which the request was received, the duration of street works is to be treated as re-commencing on the date the request was received and ending on the day that the undertaker complies fully with the request.