Completed in July 2021, 3. Review Group to deliver a task plan setting out process and review milestones, including target review and COP publish date. Due to the time required to process the order, 6 weeks notice is normally required. The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. Different options to open legislation in order to view more content on screen at once. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. Where diversionary works are executed by an authority because of that authoritys major works, the undertaker shall pay 18 per cent. This Strategy brings together the governments long-term goals with the short-term imperative to rebuild the economy following the COVID-19 pandemic.The Diversionary Works COP was first issued in June 1992 and has remain untouched since that date save for an industry advice note in 2010.Underpinning everything is the notion that diversion only takes place when operational and technical constraints demand it. (3)Where the undertaker executes the diversionary works, the authority shall pay to the undertaker the sum which it would have had to pay under regulation 3 if the major works had been initiated by the authority. 2010/1 (Advice Note No 2010 01). costs incurred in preparing the initial set of plans and estimates in relation to those diversionary works (but not in preparing any further plans and estimates which the authority may require); where the major works are major transport works (other than major bridge works or section 86(3) (a) to (g) works) and payment is made in accordance with regulation 8(1), a sum equal to 92.5 per cent. He works hard to support members authorities by: attending regular national, regional and local meetings, providing an on-line library of existing legislation, regulations, procedures and guidance for authorities and their officers, acting as an online advisory service and providing prompt guidance on emerging issues and delivering a focused approach as part of the GeoPlace/Local Government Association family. "the Code" means the Code of Practice entitled "Measures Necessary where Apparatus is affected by Major Works (Diversionary Works)" dated June 1992, and approved by the Secretary of. For initial enquiries (C2's) please register your search at: https://www.linesearchbeforeudig.co.uk/ Learn more Traffic Management Act 2004 (TMA) (as appropriate) of the allowable costs, (a)in a single lump sum before the diversionary works begin; or. 11.8.1 A works vehicle may be parked in a works site provided that it is necessary for carrying out those works. provided for by the 1992 Regulations. E1lzb(Bn It is out of print and does not take cognisance of any new and emerging utilities and technologies. Ensuring the Code provides clarity, fairness and consistency for all parties involved in works. and contractors under NRSWA when diversionary works may be required to apparatus owned by an Undertaker. 0000002634 00000 n 0000066197 00000 n But they also have a profound impact on peoples daily lives. Some of these cookies are essential to make our site work and others help us to improve by giving us some insight into how the site is being used. However, should emergency works be required, then (without impeding any immediate emergency action which the circumstances may require) the matter will be resolved in accordance with the Disputes and Arbitration Code of Practice. Dont worry we wont send you spam or share your email address with anyone. j)]Hy "Y50K>P"QRc%Z6(>7a=&]%|An| 2JY= gBIInNIU;}t. S}@\lx;=T([[V|)P?8>J&?g\I(^DZ ZK`~S2qjRK~rzjVh0~kw'>f^ XX\0cipX\ u'Yzp E&y=xE0\ 8U@i;l;M ^5avkUzSg.pb"]R2/v0S.7h[8pvJ|VnrS4}92ll3eA(Af1W?KXI The works are then not wholly confined to the footway but encroach on to the carriageway. 0000065009 00000 n 11.4.8 The road works authority should specify the time within which it is reasonable for the undertaker to assist before the road works authority commences any remedial works. This Code is approved by the Department to give practical advice where an undertakers apparatus in a street is or may be affected by major road works, bridge works or transport works. 11.4.7 Where the road works authority has opened the road or exposed an undertaker's apparatus in an emergency or in the circumstances described in paragraph 11.4.6, the undertaker will assist the road works authority by either jointly inspecting the problem to determine necessary remedial works or confirming approval for the road works authority to proceed. Developer Interface Teamour This item of legislation is currently only available in its original format. (3)If payments made by an authority under paragraph (1) exceed the relevant proportion of allowable costs specified in regulation 3(1)(a) or (b), the undertaker shall, within 35 days of the issue of the account referred to in paragraph (2), refund to the authority the amount of the excess. This Code of Practice provides information on the needs of the various undertakers and promoting authorities when confronted with the possibility of having to divert or take some other action in regard to undertaker apparatus, The code of Practice for Co-ordination 5th Edition, together with HAUC (England) Operational Guidance for Permit Schemes appended, is released. (4)In calculating the allowable costs for the purposes of regulations 3 and 4 as applied by this regulation there shall be taken into account in favour of the undertaker. an agreement to house apparatus in a bridge structure; or. of the allowable costs of the diversionary works; (b)in other cases where payment is made in accordance with regulation 8(1), a sum equal to 82 per cent. The Street Works Codes of Practice detail the workings of the legislation. Street works and road works information for local authorities and statutory undertakers carrying out work on or under the street. startxref endobj It must be signed and guarded appropriately. 11.4.2 Most undertakers, under their own legislation, have statutory obligations to maintain their networks - quite apart from which they must all maintain their systems in efficient working order so as to properly discharge safety and service obligations to customers. 0000064507 00000 n the Act means the New Roads and Street Works Act 1991; authority means a highway, bridge or transport authority; the Code means the Code of Practice entitled Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) dated June 1992, and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time; diversionary works means measures needing to be taken in relation to an undertakers apparatus in a street in consequence of major works or in order to facilitate their execution; major works means major highway works, major bridge works or major transport works; section 86(3) (a) to (g) works means major transport works which are or would, if executed by a highway authority, be major highway works described in any of paragraphs (a) to (g) of section 86(3) of the Act. A vehicle entirely within the coned-off area of the site may require a larger coned-off area than would otherwise be the case. We also use cookies set by other sites to help us deliver content from their services. If you have any further queries, please send your enquiry to: We will require the following information in order to progress your query as quickly and as efficiently as possible: Budget estimates (C3s), for works that we may need to undertake to alter our existing plant and equipment are FREE for NRSWA highway authority funded schemes. 0000066378 00000 n 11.1.1 It is important that adequate information is provided to all concerned about the location and nature of all relevant apparatus. Well send you a link to a feedback form. 378 0 obj <> endobj xref There are some circumstances where works might be required under NRSWA . 1991 c. 22. If they take longer than this, the highway authority may impose an overrun charge, so utilities are incentivised to complete their works on time. (2)These Regulations apply where the formal notice of intention to proceed with major works pursuant to paragraph 5 of Appendix C to the Code is served on or after the date on which they come into force; and the 1992 Regulations shall continue to apply where such formal notice has been served before that date. 11.9.1 Works promoters and roads authorities should take care to place materials so that they do not cause an obstruction to road users. of the allowable costs of the diversionary works. The current Code also recommends model procedures for dealing with diversionary works from the early planning stages, right through to detailed planning and estimating, execution of works, and final settlement of bills.The code as it stands is a potential risk in terms of Government strategy on infrastructure, it is outdated, misused and often misquoted. 5 0 obj They are works carried out to repair or improve the highway including footways, pavements and street lighting. (2)Paragraph (1) does not apply to the costs of. any ducts, pipe bays, hangers or other provision for housing or supporting the undertakers apparatus within the structure of the bridge; the provision of adequate space or adequate strength to accommodate apparatus installed in the bridge after the execution of such major works other than the installation, replacement or modification (not involving enlargement) of apparatus previously installed in the bridge before the execution of those works. (2)Where the authority executes the diversionary works, the undertaker shall pay to the authority the sum which it would have had to pay under regulation 4 if the major works had been initiated by the authority. It is out of print and does not take cognisance of any new and emerging utilities and technologies. 11.3.8 In extraordinary circumstances the Road Traffic Act 1991 allows for the temporary suspension of designated on street parking places where this may assist the works. The current Code aims to stimulate thinking by all concerned to explore alternatives to diversion, and where diversion has to take place, to ensure that it is done in a disciplined way. Transport, digital, energy and utility networks are vital for jobs, businesses, and economic growth. NRSWA: National Codes (Reinstatement Specification, Co-ordination, Inspections, Signing and Guarding and Diversionary Works). 7.(1)In a case where, under these Regulations, an undertaker is liable to make a payment to an authority or an authority is liable to make a payment to an undertaker in relation to diversionary works there shall be taken into account in favour of the authority. 0870 6005522/fax 0870 6005533) or by e-mail from book.orders@theso.co.uk. Revision of the Diversionary Works Code of Practice, 'Measures necessary where Apparatus is affected by Major Works (Diversionary Works)', published in 1992, has been "on hold" for some time awaiting a decision by the Department for Transport on whether the current legal ruling on the issue of charging for estimates reflects the original Works carried out to repair or improve the highway including footways, and!, Inspections, Signing and Guarding and diversionary works are executed by authority... 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