# The Street Works (Charges for Occupation of the Highway) (England) Regulations 2012, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations revoke and replace the Street Works (Charges for Occupation of the Highway) (England) Regulations 2001 (“the 2001 Regulations”). They provide for the payment of charges, by reference to the duration of works, by an undertaker to an approved local highway authority (“an Approved Authority”) when executing certain street works.
These Regulations will cease to have effect on the 13th March 2019.
Regulation 3 provides that the Regulations will apply to protected and traffic-sensitive streets (as defined in the New Roads and Street Works Act 1991) (“1991 Act”). It also exempts footpaths and bridleways from the scope of the Regulations.
Regulation 4 prescribes the daily charge of £2500. Provision is made for the Approved Authority to reduce or waive a charge in various cases. The daily rate of charge therefore represents a maximum charge.
Regulation 5 defines the duration of street works for the purposes of calculating any charges. It provides that the street works begin on the date stated in the actual start of works notice and end on the date in the works clear notice or works closed notice. Further provisions are made where it can be proved that the notices are incorrect or are not required to be served. In addition, where the works would have ended, but for the presence of no more than five items of signing, lighting or guarding, the street works will be deemed to have come to an end. In these circumstances, the Approved Authority may request the undertaker to remove the remaining items and if the undertaker fails to remove them within the time limits specified, the street works will be regarded as re-commencing.
Regulation 6 requires the charge to be paid by the undertaker on receipt of a request in writing from the Approved Authority and sets a time limit of three months by which such a request may be made.
Regulation 7 describes how the Approved Authority may deduct the reasonable costs of operating and evaluating the effectiveness of the scheme under which they are paid and provides how it must apply the proceeds. It also provides for the keeping of accounts.
Regulation 8 revokes the 2001 Regulations.
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Transport, zone 3/26, Great Minster House, 33 Horseferry Road, London SW1P 4DR and will be published alongside the Explanatory Memorandum which is available on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2012/425/note (the official version)
Page: https://openlegislation.uk/street-works-charges-for-occupation-of-the-highway-england-regulations-2012/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.