The Street and Road Works (Amendments Relating to Electronic Communications) (England) Regulations 2020

Amendments to the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 E+W

6.—(1) The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 M1 are amended as follows.

(2) In regulation 3—

(a) omit the definition of “day”;

(b) in the definition of “major works”—

(i) in paragraph (a) omit the words from “have been” to “such program,”;

(ii) in paragraph (c) after “exceeds ten” insert “ working ”;

(c) in the definition of “minor works” after “exceed three” insert “ working ”;

(d) in the definition of “standard works”, before “days”, in both places it occurs, insert “ working ”;

(e) omit the definition of “the Technical Specification”.

(3) In regulation 6—

(a) for paragraph (1) substitute—

“(1) An undertaker executing street works in a highway to which these Regulations apply shall give the highway authority for that highway notice of the beginning of those works not later than—

(a) in the case of works starting within the period beginning with 12am and ending with 7:59am on a working day, 10am on the same day;

(b) in the case of works starting within the period beginning with 8am and ending with 4:30pm on a working day, two hours after the start of the works;

(c) in the case of works starting within the period beginning with 4:31pm and ending with 11:59pm on a working day, 10am on the next working day;

(d) in the case of works starting on a day that is not a working day, 10am on the next working day.”;

(b) omit paragraphs (2) and (3);

(c) in paragraph (4)—

(i) in sub-paragraph (a) after “completed” insert “ interim or ”;

(ii) in the words after paragraph (c), for the words from “end of the next day” to the end substitute “ time mentioned in paragraph (5). ”;

(d) after paragraph (4) insert—

“(5) The time is—

(a) in the case of a highway returned fully to public use within the period beginning with 12am and ending with 7:59am on a working day, 10am on the same day;

(b) in the case of a highway returned fully to public use within the period beginning with 8am and ending with 4:30pm on a working day, two hours after that full return;

(c) in the case of a highway returned fully to public use within the period beginning with 4:31pm and ending with 11:59pm on a working day, 10am on the next working day;

(d) in the case of a highway returned fully to public use on a day that is not a working day, 10am on the next working day.”.

(4) In regulation 7 after “shall be two” insert “ working ”.

(5) In regulation 9—

(a) in paragraph (3), before “day”, in both places it occurs, insert “ working ”;

(b) in paragraph (4) (including in Table 1)—

(i) before “days”, in both places it occurs, insert “ working ”;

(ii) before “day”, in both places it occurs, insert “ working ”;

(c) in paragraph (5), in Table 2 after “(each” insert “ working ”;

(d) in paragraph (9)(b) after “next” insert “ working ”;

(e) in paragraph (11) omit “in writing”.

(6) In regulation 10(3) before “days”, in both places it occurs, insert “ working ”.

(7) In regulation 11(3) after “shall be 2” insert “ working ”.

(8) Omit regulation 14.

(9) For regulation 15 substitute—

“Service of notices, etc

15.— (1) A notice under these Regulations must be given by means of the Department for Transport's digital service for planning and managing roadworks.

(2) Where a notice cannot be given by that means, it may be given by another means of electronic communication.

(3) A notice given pursuant to paragraph (2) must be given—

(a) by sending it to an electronic address which has been agreed with the recipient for that purpose, or

(b) if there is no such agreement, by sending it to—

(i) any email address published for the time being by the recipient as an address for contacting the recipient, or

(ii) if there is no such published address, any email address by means of which the person proposing to send the electronic communication believes, on reasonable grounds, that the notice will come to the attention of any director or other officer of the recipient.

(4) An electronic communication must be—

(a) capable of being accessed by the recipient,

(b) legible, and

(c) in a form sufficiently permanent to be used for subsequent reference.

(5) Where a notice cannot be given by another means of electronic communication in accordance with paragraph (3), it may be given by any other means of service agreed between the person giving the notice and the recipient.

(6) In paragraphs (2) and (5), the reference to not being able to give a notice is a reference to not being able to give it after three attempts.

(7) Where a notice given under these Regulations notice is successfully given by means of an interface which complies with the Department for Transport's Application Programming Interface (API) specification for planning and managing roadworks, published on 19th December 2019, version 1.12, as revised or re-issued from time to time, the requirement in paragraph (1) is deemed to be met in respect of that notice.”.

Commencement Information

I1 Reg. 6 in force at 1.7.2020, see reg. 1(2) (as amended (30.3.2020) by S.I. 2020/346, reg. 2(2))

Marginal Citations

M1 S.I. 2009/303, amended by S.I 2009/1178, 2012/2272; there are other amending instruments but none is relevant.