Regulation 8 Functional work

(1)

Subject to regulation 9, a local authority or development body may not, unless they have first complied with the conditions mentioned in section 9(3)(a) of the Act as well as with those in section 9(2), undertake functional work of the following descriptions–

(a)

a job consisting or consisting principally of general highway works where the estimated cost of the job exceeds £25,000;

(b)

a job consisting or consisting principally of the construction or maintenance of a sewer where the estimated cost of the job exceeds £50,000;

(c)

a job consisting or consisting principally of works of new construction;

(d)

a job consisting or consisting principally of works of maintenance;

(e)

a job consisting or consisting principally of general highway works where the estimated cost of the job does not exceed £25,000 if the estimated cost of the job together with the aggregate value of all relevant highway work previously undertaken by the authority or body otherwise than in accordance with section 7 or the conditions mentioned in section 9(3)(a) of the Act in the same financial year exceeds the relevant limit;

(2)

For the purpose of paragraph (1)(e) the relevant limit is 40% of the aggregate value of all relevant highway work undertaken and all contractual highway work carried out by that authority or body in the immediately preceding financial year;