Regulation 2 Interpretation

In these Regulations, except where the context otherwise requires—

• “the Act” means the Local Government, Planning and Land Act 1980;

• “contractual highway work” means general highway works carried out by a local authority by placing a contract for the doing of the work by another person (either directly or, in whole or in part, through sub-contractors) which provides, or provides principally, for the carrying out of general highway works, the value of which does not exceed £25,000;

• “emergency work” means work of any description, the necessity for which could not reasonably have been foreseen by the local authority concerned and which is—

  1. (a)

     required to avert, alleviate or eradicate in their area, or any part of it, the effects or potential effects of any emergency or disaster which involves or is likely to involve risk of serious damage to or destruction of property or risk of injury or danger to health or life;

  2. (b)

     required to be put in hand as a matter of urgency within 48 hours of the emergency or disaster occurring; and

  3. (c)

     not work on a scale or of a nature normally undertaken by that local authority;

• “estimated cost”, in relation to a job, means the aggregate of the amounts which a local authority will credit to their DLO revenue account^f1 in respect of the carrying out of all the items of construction or maintenance work comprised in that job—

  1. (a)

     so far as such amounts will fall to be determined in accordance with a written statement prepared in compliance with section 9(2)(a) of the Act^f2, as so determined; and

  2. (b)

     so far as such amounts will fall to be determined in accordance with a method specified in a written statement prepared in accordance with section 9(2)(b) of the Act, as estimated in accordance with that method;

• “general highway works” has the meaning given to it in section 10(3) of the Act^f3;

• “job” means all the functional work^f4 which can reasonably be carried out most economically and efficiently under one arrangement;

• “local authority” means an authority to which these Regulations apply by virtue of regulation 3;

• “relevant highway work” means general highway works comprised in a works contract which provides, or provides principally, for, or in a job which consists, or consists principally, of general highway works and for which the value of the contract or the estimated cost of the job does not exceed £25,000;

• “works of maintenance” means works of maintenance within the meaning of the Local Authorities (Goods and Services) Act 1970^f5 not being general highway works or the maintenance of a sewer; and

• “works of new construction” means building or civil engineering works of any description not being general highway works, the construction or maintenance of a sewer or works of maintenance.

Subject to paragraph (3) below, in ascertaining (for the purposes of these Regulations) the description of work for which a contract principally provides, or of which a job principally consists, regard shall be had only to—

and if works of two or more descriptions mentioned in paragraphs (a) to (d) of regulation 4 have the same value or estimated cost (and no other such works exceed that value or cost) the contract or, as the case may be, job shall be treated as providing principally for works of each of those descriptions.

In ascertaining for the purposes of paragraph (2) or regulation 7 or 9 the description of work for which a contract principally provides, or of which a job principally consists, no regard shall be had to the value of the contract or the estimated cost of the job so far as in either case it is attributable to the construction or maintenance of a sewer.